Skip to main content

Canada is torn over the notwithstanding clause

People congregate outside the Supreme Court of Canada as the court hears appeals regarding Quebec’s secularism law (Bill 21) in Ottawa on Monday, March 23, 2026. THE CANADIAN PRESS/Sean Kilpatrick
People congregate outside the Supreme Court of Canada as the court hears appeals regarding Quebec’s secularism law (Bill 21) in Ottawa on Monday, March 23, 2026. THE CANADIAN PRESS/Sean Kilpatrick

Quebec’s secularism law, Bill 21, prohibits certain public servants from wearing religious symbols while on the job. It was passed in 2019 with a pre-emptive use of the notwithstanding law — a section of the Charter that protects legislation from court intervention if the legislation goes against other freedoms.

Last week, the Supreme Court heard arguments on how provinces should apply the notwithstanding clause, and whether or not its application should be subject to review after the fact.

Host Caryn Ceolin speaks to journalist Max Fawcett to discuss the historical context of the clause, what legal challenges come with Bill 21, and potential outcomes from the Supreme Court’s decision.

You can subscribe to The Big Story podcast on Apple Podcasts and Spotify.

Now playing on: