This week, the British Columbia Humanist Association (BCHA), with the Canadian Secular Alliance (CSA), is appearing before the Supreme Court of Canada to stand up for a vision of secularism that protects the rights of everyone, regardless of their faith or lack thereof.
The landmark case, English Montreal School Board, et al. v. Attorney General of Québec, challenges Quebec’s prohibition on teachers and police officers wearing religious symbols while on the job. The BCHA and CSA are appearing before the court to argue that Canadian secularism must be inclusive.
Our Arguments
Represented by Wes McMillan and Vivian Li of Allen / McMillan Litigation Counsel, the BCHA and CSA are intervening to demonstrate how Quebec's approach to laïcité under Bill 21 runs contrary to the duty of religious neutrality by undermining individual religious freedom.
Our written arguments set out that:
- The duty of religious neutrality is an independent constitutional principle: The state’s duty to remain neutral in religious matters is not derived from the right to freedom of religion but rather is an unwritten principle of the Charter of Rights and Freedoms. Therefore, it cannot be overruled by the notwithstanding clause.
- The government cannot define religion: The government lacks the authority and capacity to determine what constitutes "religion" versus "culture."
- Symbols are subjective: Bill 21 makes the government the arbiter of whether a piece of personal attire is religious or not, when in reality a symbol’s meaning is a matter of individual perspective.
Why this Matters
As Humanists, we believe the separation of religion and government exists to protect the individual from religious coercion. Just as the government can't use its authority to endorse one religion, it cannot force a "neutral" identity onto individual citizens.
Our participation in this case ensures that Canada's highest court hears a progressive non-religious voice: One that champions an inclusive secularism.
What’s Next
The hearings began this morning and are scheduled to continue through Thursday, March 26. The BCHA and CSA will tentatively deliver our oral arguments on Thursday.
A decision from the Court is expected later this year. We will continue to provide updates as this historic case progresses.
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A first draft of this post was written with the assistance of Google Gemini.