Globe: Is Quebec’s secular charter constitutional? NO. Nine legal experts weigh in

Is Quebec’s secular charter constitutional? Nine legal experts weigh in - The Globe and Mail

Sean Fine, The Globe and Mail’s justice writer, asked nine distinguished lawyers to form an expert panel and give their opinions on the constitutionality of Quebec’s proposed prohibitions on religious clothing and symbols in public-sector workplaces. The panel was chosen for regional balance – to reflect the composition of the Supreme Court of Canada, including three members from Quebec. Two advocates from Quebec – law professor and former Bloc Québécois MP and Parti Québécois MNA Daniel Turp and human-rights lawyer Julius Grey – presented the arguments, for and against, and their arguments were distributed to the panel. The panel, drawn mostly from law schools across Canada, was resoundingly opposed to the new ‘charter of values’ by a count of 9-0 – though with an asterisk on one of the nine.

Shauna Van Praagh – No, it goes against both charters of rights

Hugo Cyr – No, Quebec hasn't proved its case

Sylvain Lussier – No, Quebec's justification isn't 'pressing'

Jamie Cameron – No, the breach of rights is flagrant

Nathalie Des Rosiers – No, with one exception about exceptions

Tsvi Kahana – No, it's a blatant case of rights violation

Kathleen Mahoney – No, it's an unjustifiable violation of rights

Stephen J. Toope – No, it would lead to absurdities of inequality

Jennifer Llewellyn – No, it violates freedom of religion protections