View From the Legislature

Bill 21 Continues to Concern

  • Kelvin Goertzen, Author
  • Member of the Legislative Assembly, Steinbach

It has been several years since the Government of Quebec passed Bill 21. The legislation that prohibits some Quebec public servants from wearing religious symbols has been working its way through court challenges but in the court of public opinion in much of Canada, there are still significant concerns for what this means for religious freedom.

Currently the Canadian Civil Liberties Association has been leading court challenges against the legislation which came into effect in June of 2019. It is now before the Quebec Court of Appeal. Since that time, many political leaders of all levels and from all political parties have expressed their concern about the law and what it means for broader religious freedom rights in Canada. Even in Quebec, where the legislation has received support, a recent survey of students in faculties such as Education and Law expressed significant concern over the banning of religious symbols even if they themselves did not adhere to any particular faith.

In Manitoba the provincial legislature has expressed, across party lines, long-standing concerns about the legislation and its impact on religious freedom. And while the federal government has been reluctant to make comments about the Quebec legislation, more recently the federal Minister of Justice indicated that if the bill was challenged in the Supreme Court of Canada, which is a high probability, the federal government would intervene in the case. This adds to opposition that has been expressed by the federal NDP and several of the candidates looking to become leader of the federal Conservative Party of Canada.

The Manitoba Government has repeatedly made clear our concerns with Bill 21 and, as the Minister of Justice and Attorney General, I have indicated to the federal Minister of Justice that we stand ready to support an intervention in the Supreme Court of Canada.

While this is a Quebec law, it has national implications as it may determine precedent in other courts. If it reaches the Supreme Court of Canada, this is especially true.

There are a number of cases that are either in provincial courts and legislatures, like Bill 21 or Bill 96 which expands Quebec language laws, that have important broader implications. This is in addition to cases that have already been decided at the Supreme Court of Canada level such as the decision to allow extreme voluntary intoxication as a defence to violent crimes or the reduction in sentences of those convicted of mass murder, that have caused anger amongst Canadians. These decisions have very real and long terms consequences not only on victims and their families but on the overall confidence that Canadians feel in the administration of justice.

Manitoba will continue to express our concerns on decisions that we feel are not in the best interests of Manitobans as well as offer support to other levels of government that are engaged in challenging those decisions.