Ordinarily, the law could be challenged on the grounds that it violates a person’s constitutionally protected right to freedom of religion. But the Coalition Avenir Québec government built the notwithstanding clause into Bill 21, nullifying entire sections of the Charter of Rights and Freedoms.
Without the Charter to fall back on, the groups are arguing that the religious symbols ban is impermissibly vague, that it infringes on federal jurisdiction, and that it prevents groups of people from participating in democratic institutions.
The groups’ attempt to have the bill suspended was rejected in Superior Court in July, but an appeal is to be heard in November.
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