Bill 21 (Plain-Language Summary)

What does Bill 21 say?

Bill 21 is aimed at government workers.

The positions affected are those where the person represents the authority of the State such as judges as well as police. The law also applies to teachers in public schools.

These people cannot wear religious symbols while they are doing their jobs. Among these religious symbols are, for example, the hijab (a headscarf worn by certain Muslim women), the yarmulke (a skullcap worn by certain Jewish men), or the turban (worn by some Sikh men).

Why such a law?

Bill 21 was created to reinforce the secularism of the state, that is, the fact that the government does not favor any one religion. In Quebec, this idea of secularism began to take hold after the Quiet Revolution in the 1960s. At this time, the Catholic Church held great influence. It then began to lose its authority over major institutions such as schools and hospitals. Since then, the Church’s loss of influence has continued and Quebec has become more and more secular.

Most people agree with secularism in general. However, not everyone agrees on what it means.

Some people believe in an "open secularism". This means that one can display their religion in a public space as long as it respects the rights of others.

Others prefer a "closed secularism", where no religious symbols can be seen in public places tied to the government.

Why is this law causing debate?

When Bill 21 was proposed, it immediately provoked disagreements. On one side, many people believed that it was a good idea to protect the religious neutrality of the government. On the other side, others found the law to be unfair because it limited the religious freedom of certain people.

Moreover, to speed up the passage of the law, the government imposed a special procedure called "closure". It is a procedure that limits the time for debating a topic in the National Assembly.

Many people in Quebec support Bill 21. In 2019, a majority of the Quebec population wanted to ban religious symbols for government employees in positions of authority. They believed that it was important to show that the state was neutral and not influenced by any one religion in particular.

But there has also been a lot of criticism. Some academics found that the law went too far. This was even the case for those who had proposed similar ideas, such as Charles Taylor and Gérard Bouchard (see Bouchard-Taylor Commission). Humanitarian organizations such as Amnesty International also criticized it, saying that it violated human rights.

Before the Courts

Since its adoption, Bill 21 has been challenged in the courts such as in the case of a young woman who wanted to become a teacher. She said that the law prevented her from doing her job because she wears a hijab.

An anglophone school board, the English-Montreal School Board, also contests the law. They say that Bill 21 violates rights protected by the Canadian Charter of Rights and Freedoms.

The Quebec government used a "notwithstanding clause" to prevent Bill 21 from being blocked by the Charter of Rights and Freedoms. This means that it can ignore certain parts of the Charter. This decision has caused a great deal of debate.

In 2021, a judge on the Superior Court of Quebec ruled that the law is valid but that it cannot be applied to anglophone school boards or members of the National Assembly. This decision was contested by both sides. In 2024, the Quebec Court of Appeals ruled in favor of the law. It also ruled to annul the exemption for anglophone school boards.

But this matter has not been settled. In January 2025, the Supreme Court of Canada agreed to examine the challenge to Bill 21.