Two secular humanist organizations jointly apply for intervener status at Supreme Court hearing of Bill 21

The following essay first appeared in the June 2025 edition of Critical Links, the newsletter of the Centre for Inquiry Canada.

Two secular humanist organizations jointly apply for intervener status at Supreme Court hearing of Bill 21

The constitutionality of Quebec's Bill 21, which (among other things) bans provincial government employees from wearing of "ostentatious" religious clothing and symbols, is heading to the Supreme Court of Canada.

No issue has split the secular community of Canada like Bill 21. Several organizations, including CFIC, Canadian Secular Alliance, and BC Humanist Association, have come out strongly against the legislation. Humanist Canada has not taken an official position on the bill (though it did host a four part webinar series on the topic). The Mouvement Laïque Québécois - which stood staunchly against prayers to open municipal council meetings - is a major proponent of Bill 21. 

CFIC has covered the progress of this legislation extensively. CFIC came out against the bill back in 2019. In May 2020, Critical Links described the unsuccessful court case to suspend the bill until the full challenge could be heard. In November 2020, CFIC reported on the case as it was heard at the Quebec Superior Court, and again in April 2021 when the Quebec Superior Court rendered its verdict. The third and fourth episodes of Podcast for Inquiry were dedicated to secular arguments in favour (Caroline Russell-King) and against (Catherine Francis) the bill in early 2022. 

From the April 2021 Critical Links article: "The ruling largely upholds the provisions of Bill 21, with two notable exceptions: The bill would be “inoperative” for English school boards in the province, and restrictions would not apply to sitting Members of the National Assembly." Many groups still affected by Bill 21's provisions appealed to the Supreme Court of Canada, as did the Quebec government, which was unhappy with the exemption for English school boards.

The Supreme Court of Canada will hear the case later this year or in early 2026. The BC Humanist Association and Canadian Secular Alliance have filed a joint application to be interveners in the case. (The CSA was an intervener in the Saguenay (municipal prayers) and Trinity Western University (see here and here for details) cases.) Both organizations, like CFIC, believe that Bill 21 is an unjustified infringement on religious expression, and will argue that Bill 21 should be struck down.

There was a large number of organizations that applied for intervener status in this case, and typically only a few such requests are granted. A decision is not expected for several months; Critical Links will keep you up to date on this case.