Non-Quebec French-speaking communities will also exercise their influence in the events of the 21st century
The Supreme Court of Canada has granted intervention authorizations to 38 organizations to present their perspectives on the Quebec State Secularism Act case, a decision that is being closely watched across the country.
At the heart of the case is the interpretation of the derogation clause, a constitutional provision that allows a Parliament to adopt a law that violates certain rights protected by the Charter. The case is not just about Bill 21, but also about the use of the derogation clause.
Adopted in 2019, the Quebec Secularism Act prohibits certain government employees from wearing religious symbols. The act has been placed under judicial immunity from the outset by invoking the derogation provision under Article 33 of the Canadian Charter of Rights and Freedoms.
The participation of these organizations is motivated by the potential impact the case could have on linguistic rights, not just in Quebec, but across Canada. French-speaking groups outside Quebec are concerned that the outcome of the case could affect their rights elsewhere in the country.
Among the organizations granted intervention authorization are several French-speaking minority organizations, such as the National Commission of French-speaking Parents and the Société de l'Acadie du Nouveau-Brunswick. Besides these, various human rights groups, civil liberties organizations, and some anglophone minority groups have also intervened. Even the Ontario Public School Boards' Association has joined the case.
Each organization will be allowed to submit only one memorandum of up to 10 pages and make only one oral presentation of a maximum of 5 minutes, except for the intervening governments, who will benefit from a longer speaking time of 10 minutes each.
The pilot project for French-speaking students outside Quebec has faced difficulties in taking off, and institutions involved in the project are pressing Ottawa to extend it. The number of organizations wanting to intervene in the case is considered striking, reflecting the widespread concern and interest in the case.
The decision in the case will affect the protection offered to several rights enshrined in the Canadian Charter, including the linguistic rights of French-speaking minority communities in Canada. The Supreme Court's ruling could potentially allow a government to limit the rights of French-speakers elsewhere in the country if it were to validate an unrestricted use of the derogation provision.
As the case progresses, the eyes of the nation are on the Supreme Court of Canada, waiting for a ruling that could shape the future of linguistic rights and the use of derogation provisions in Canada.
