Legal experts sound alarm on Legault's threat to use notwithstanding clause to ban public prayer

Quebec Prime Minister Francois Lego recently announced that he plans to ban prayer in public places and may once again use the notwithstanding clause to implement this measure. This rare legal tool allows governments to insulate their laws from legal challenges related to constitutional rights violations.

Legal experts warn that the frequent use of this clause by provincial premiers is a worrying trend that ignores the Charter of Rights and Freedoms.
Frédéric Bérard, a constitutional rights lawyer, stated in this regard:

"The exception clause should be used only in emergency situations and very important issues. It cannot be used only for political points or minor issues. This is what we are witnessing now."

Lego made the comments following a report by La Presse newspaper that noted some schools north of Montreal had allowed students to pray in classrooms and hallways. He also announced that in addition to schools, praying in public places such as parks and streets will also be banned, and his government will consider all options for this measure, including the use of an exception clause.

Berard emphasized that banning prayer in parks is a clear violation of religious freedom and will be rejected by courts without the exception clause. He considered this action against the rule of law and stated:

"This paragraph should be used for serious and necessary cases. But here there is no such necessity and it is a shame."

The reaction of human rights institutions

The Canadian Civil Liberties Union (CCLA) considers the frequent use of the exception clause in Quebec as an example of "egregious violations of constitutional rights". This institution recently launched a campaign called "Saving the Charter" to remind people of the dangers of using this legal tool excessively.

At a news conference in Ottawa, Anna Besir McNickle, director of the association's fundamental liberties program, warned that Lego's move to ban prayer in public places could be the beginning of a narrowing of civil space. He said:

"Parks and streets should be places where people can gather peacefully and express their opinions and beliefs."

Previous use of the exception clause

The Lego government has used this clause twice before:

In 2019, to pass the Quebec Secularism Act (Bill 21), which banned the use of religious symbols for certain government employees.
in 2021 to limit the use of English in certain cases.
Criticisms of double standards

Lego's critics have criticized the contradiction in his approach. For example, Berard noted that the prime minister recently traveled to Paris to witness the reopening of Notre Dame Cathedral, a move that contradicts his rhetoric of secularism.

Also, the legal organization League of Rights and Freedoms wrote in an article on the occasion of Human Rights Day that Lego's recent threats to use the exception clause to ban prayer indicate a dangerous trend to undermine human rights.
The organization warned that the values ​​of the majority, defined by a government sensitive to public opinion, could be a direct threat to the rights of minorities and lead to their exclusion or marginalization.

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