The government of Quebec has unveiled a sweeping expansion of its secularism legislation, introducing a new bill that prohibits public prayer and further restricts religious attire, a move critics fear will disproportionately target Muslim communities in the Canadian province.
A Deepening Commitment to State Secularism
Introduced on Thursday by the governing Coalition Avenir Québec (CAQ), Bill 9 represents a significant intensification of the province's secularism agenda. The legislation outlaws prayer within public institutions, explicitly including colleges and universities. It also extends its reach to public spaces, banning communal prayer on roads and in parks. Groups found in contravention of this prohibition face substantial fines of C$1,125.
This new law builds upon the controversial Bill 21, which was passed in 2019. That earlier legislation banned teachers, police officers, government lawyers, and other public servants in positions of authority from wearing religious symbols, such as head coverings, while at work. Under the new provisions, the CAQ plans to extend this prohibition to cover anyone working in daycares, colleges, universities, and private schools.
Furthermore, the bill mandates a full ban on face coverings for all individuals within these institutions, including students. The province will also impose limits on the offering of kosher and halal meals in public settings.
Government Justification and Public Backlash
Quebec's secularism minister, Jean-François Roberge, defended the controversial measures as necessary steps for a province striving for full secularization. He specifically criticised previous accommodations made by post-secondary institutions, such as providing prayer rooms, stating to reporters that the schools "are not temples or churches or those kinds of places".
Roberge cited recent protests organised by the group Montreal4Palestine, which included prayers outside Montreal’s Notre-Dame Basilica, as part of the impetus for the public prayer ban. "It’s shocking to see people blocking traffic, taking possession of the public space without a permit, without warning, and then turning our streets, our parks, our public squares into places of worship," he said.
However, the legislation has been met with swift and strong condemnation. For many Muslim students, the new rules feel targeted. Ines Rarrbo, a first-year mechanical engineering student, told the Canadian Press that the law "fee[l] like a personal attack against our community. It’s as if we’re not welcome here."
Stephen Brown, president of the National Council of Canadian Muslims, condemned the move as "political opportunism" and a "doubling down on identity politics and division." In a formal statement, the Assembly of Quebec Catholic Bishops declared the proposed bill a "radical infringement on the rights and freedoms of the Quebec population," adding that the government had failed to demonstrate the necessity for such legislation.
Legal Challenges and the Notwithstanding Clause
The legal foundation of Quebec's secularism laws remains a point of intense contention. Both Bill 21 and the new Bill 9 knowingly run afoul of fundamental rights protected by Quebec’s and Canada’s charters of rights and freedoms.
In 2021, Quebec’s superior court upheld Bill 21 despite acknowledging that it violates the freedom of expression and religion of religious minorities. This was possible because the government pre-emptively invoked the "notwithstanding clause", a legal mechanism that allows Canadian governments to pass laws that breach certain charter rights for a five-year period.
Bill 9 similarly invokes this clause, shielding it from immediate court challenges on constitutional grounds. The Supreme Court of Canada is expected to hear a legal challenge concerning the use of the notwithstanding clause in the coming months, a case that could have profound implications for the future of Quebec's secularism laws.
