Religion is a historically sensitive issue in Quebec.
The province is dotted with old Catholic churches – a relic from a time when public institutions such as schools and hospitals were completely under the control of the clergy. This era ended with the Quiet Revolution in 1960, when Quebecers separated the church from these institutions in favor of secularism.
Tensions over religion shifted as Quebec welcomed more newcomers in recent decades, and the province began discussing whether to adopt laws similar to France, which banned public school students from wearing religious clothing in 2004.
In 2008, a provincial commission on the accommodation of religious minorities recommended a form of “open secularism” in which religious symbols would not be allowed to be worn by those in positions of public authority. That became the backbone of Bill 21.
These debates dovetailed with broader concerns about preserving Quebec’s French identity, said Elizabeth Elbourne, a historian at McGill University. The focus of the discussion, she said, is whether Quebec sees itself “as a multicultural society” or one that is more “assimilatory.”
The Quebec government, still under Prime Minister Legault, is now seeking to extend its secularism laws to all public school staff, not just teachers and principals, as well as daycare centers. She also wants to ban prayer in public spaces.
The law provides an exemption for those who were already working before the law was introduced, such as Robicheau.
But dozens of other recently hired school employees in Montreal have been fired or suspended, according to union leaders. Those currently exempt could risk losing their jobs if they change roles or seek promotions.
All of these measures have been controversial, but polls show a majority of Quebecers support them.
A recent survey by the Canadian French-language newspaper La Presseexternal estimates that 61% in Quebec support a ban on public prayer and 56% support a ban on religious clothing in daycare centers.
Supporters include David Rand, president of a Montreal-based atheist group, who said he believes most of the opposition to Bill 21 comes from outside Quebec.
He believes that “religious beliefs are no more sacred or sacrosanct than political beliefs” and that those who work for the state should publicly display both.
Rand predicted that a Supreme Court ruling that would force Quebec to scrap its secularism laws would be met with “massive protest” in the province.
The law was upheld by lower courts in Quebec, which ruled it was valid because the province invoked the “notwithstanding clause” when passing it – a built-in loophole in the Canadian constitution that allows provinces and the federal government to override certain Charter rights, including religious freedom and equality rights.
That makes the case broader than Bill 21, and the Supreme Court must now weigh the exemption clause itself that has shielded the law in lower courts and whether it should be limited.
Whatever the court rules, York University’s Hasan said she fears Bill 21 will continue to target visible minorities, particularly Muslim women.
After years of living under the law, Robicheau said she and others have lost trust in Quebec. But she still hopes the Supreme Court will set a national precedent “that there are certain rights that are inviolable.”
With additional reporting from Eloise Alanna.