Ottawa files notice to intervene in Supreme Court appeal on Quebec’s secularism law

The federal government is officially intervening in the appeal of Quebec’s religious symbols law at Canada’s highest court.

The Attorney General of Canada filed a notice with the Supreme Court about its intention to “intervene, to file a factum, and to request to participate in oral argument with respect to the constitutional questions identified in the Notices of Constitutional Question filed by the parties.”

The notice was signed by Michelle Kellam, senior legal counsel at Justice Canada.

The controversial secularism law — commonly known as Bill 21 — was passed in 2019 and makes it illegal for public servants in positions of authority, including teachers, police officers, and judges, from wearing religious symbols on the job.

Intervening is ‘attack on Quebec’s autonomy': justice minister

Prime Minister Justin Trudeau had long said Ottawa would intervene once the law reached the Supreme Court and that promise has been backed by the two front-runners for the federal Liberal leadership, Mark Carney and Chrystia Freeland.

The intention to intervene has riled Premier Legault’s CAQ party. Justice Minister Simon Jolin-Barrette said on X that is signified a “a lack of respect and an attack on Quebec’s autonomy.”

“Secularism is a collective and legitimate choice that promotes equality and freedom. We will continue to defend it,” he added.

In January, the Supreme Court agreed to hear the legal challenge launched by several groups, including the English Montreal School Board, the National Council for Canadian Muslims, and the Canadian Civil Liberties Association (CCLA).

In a rare move, Supreme Court Justice Mahmud Jamal recused himself from the case at the request of the attorney general of Quebec over concerns about his past links to the CCLA.

It’s not clear when, exactly, Canada’s top court will hear the case. In 2024, the average time between the date leave to appeal was granted and the hearing date was 9.4 months.

With files from CTV News Montreal’s Mutsumi Takahashi and The Canadian Press