Liberal leadership hopefuls urge federal intervention on Bill 21

With the Supreme Court agreeing to hear a challenge against Quebec’s controversial secularism law, Bill 21, Mark Carney and Chrystia Freeland, presumed front-runners to replace Justin Trudeau, say they encourage the prime minister to follow through on his word to have the federal government intervene.

Ottawa “has a duty to defend the fundamental rights of all Canadians, guaranteed by the Canadian Charter of Rights and Freedoms. This is paramount,” said Marie Pascale Desrosiers, a deputy campaign manager for Carney, the former Bank of Canada governor, in a statement to CBC News. 

“The Liberal Party of Canada is the party of the Canadian Charter of Rights and Freedoms. If fundamental rights are threatened, it’s our duty to act,” she added. 

Freeland’s campaign said in a statement the former finance minister “stands by the government’s decision to intervene. The respect of human rights and Charter rights are at the heart of Chrystia’s campaign.”  

Bill 21 prohibits certain public workers in positions of authority, such as judges, police officers, prison guards and teachers, from wearing religious symbols while performing their duties, in order to promote secularism and the separation of church and state.

The legislation has considerable polling support in Quebec, a province that is key to both the Liberals’ political fortunes in general elections and the prospects of whoever would lead the party next. 

Bill 21 has also attracted criticism from religious groups such as Jews and Muslims who say it disproportionately impacts them by shutting them out of public life. 

While Quebec Premier François Legault has vowed to use the notwithstanding clause to override arguments against the law that cite the Charter, under Trudeau the federal government has vowed to step in as an intervenor. 

“When it’s a matter of national importance and there’s a national conversation about interpreting Charter rights that will have an impact right around the country, we are going to be there, ” Justice Minister Arif Virani told journalists on Thursday. “And what we’re going to do when we’re there is we’re going to defend the Charter that we helped create over 40 years ago.”

Lower courts have upheld most of the law, passed in 2019 by the Coalition Avenir Québec government, but on Thursday the Supreme Court agreed to hear a challenge on it. 

Timing raises questions 

With Trudeau expected to depart after March 9, once the Liberals elect a new leader who will also become prime minister, it is unclear how steady the federal government’s will to intervene could remain. Though many of his would-be successors are striking a similar tone as him, they may well be plunged into a general election shortly after the end of the Liberal leadership race. 

Former government House leader Karina Gould, also in the race for leadership, told reporters on Thursday that while she respects the jurisdiction of provinces and territories “the role of the federal government is to defend the rights of all Canadians.” 

She vowed to “stand up for the rights of Canadians” if she becomes prime minister.  

Montreal businessman Frank Baylis, another contender trying to replace Trudeau, clearly pronounced himself against Bill 21. 

Baylis served as an MP for Pierrefonds–Dollard from 2015 to 2019, and helps run the activist group Non à la Loi 21 (No to Bill 21). 

“I have helped organize protests and press conferences to express our solidarity with those affected by this discriminatory law. Additionally, we have raised funds to cover court costs,” Baylis said in a statement sent to CBC News. 

Reacting to the Supreme Court decision on Thursday, Stephen Brown, the president and CEO of the National Council of Canadian Muslims, said he would expect political leaders to pronounce themselves on what to do.

“It is the responsibility of any Canadian prime minister to do everything they can to stop, to prevent people from being able to take away, unilaterally, the rights and freedoms of Canadians,” he said.