Revisiting Section 33 of the Charter: The Bill 21 Case
INTRODUCTION
The Supreme Court of Canada (“the SCC”) has granted leave to appeal English Montreal School Board, et al. v. Attorney General of Quebec, et al., in which the English Montreal School Board and others are challenging Quebec Bill 21, Act respecting the laicity of the State (“Bill 21”). In enacting Bill 21, the Quebec government invoked 33 of the Canadian Charter of Rights and Freedoms (“the Charter”) (“the notwithstanding clause” or “the override”), as well as the section 52 override in the province’s human rights statute, the Charter of Human Rights and Freedoms. Here I . . . [more]