QUEBEC — The Supreme Court of Canada will begin four days of hearings on Monday to consider a constitutional challenge to Quebec's secularism law, Bill 21. The case marks the first time since 1988 that the nation's highest court has heard a challenge to the notwithstanding clause, which allows governments to override certain constitutional rights.

Bill 21, passed in 2019 by the governing Coalition Avenir Québec (CAQ), bars civil servants such as judges, police officers, and teachers from wearing religious symbols at work. The law includes a notwithstanding clause that allows governments to override certain constitutional rights, including freedom of religion and equality rights.

The Canadian Civil Liberties Association and Ichrak Nourel Hak, a Muslim teacher in Quebec who wears a hijab, sought leave to appeal a constitutional challenge to the law. "Bill 21 has been infringing on the dignity, rights and freedoms of individuals who work in or aspire to work in the public service," said Ichrak Nourel Hak and the Canadian Civil Liberties Association. "Bill 21 has a disproportionate impact on specific religious minority groups, such as Muslim, Sikh and Jewish communities," they added.

Quebec argues that Bill 21's impact on freedoms is not relevant because the law is shielded by the notwithstanding clause. "Section 33 constitutes, in a way, one of the cornerstones of the Canadian Charter," the Quebec government argues in legal briefings. The provincial government says the aim of Bill 21 is to protect the religious neutrality of the state and support a sense of shared civic identity.

Quebec argues that nothing in the notwithstanding clause prevents it from being used pre-emptively and that its use in Bill 21 is in line with Supreme Court precedent. Bill 21 does not single out any specific religion.

In court documents, the federal government does not weigh in on the merits of Bill 21 but argues that the notwithstanding clause cannot be used as a blank cheque. Federal Justice Minister Sean Fraser said in an interview, "The decision will shape how both federal and provincial governments may use the notwithstanding clause for years to come." He added, "The rights charter is a pillar of our democracy and a reflection of our shared values."

More than 50 interveners including the federal government will participate in the hearings. Section 33 of the Canadian constitution, known as the notwithstanding clause, allows a provincial or federal government to override certain fundamental freedoms, including those of religion, expression, and association, as well as legal and equality rights. The clause is in effect for a five-year period and is subject to renewal, and in theory can be extended indefinitely.