A secularism law some women say makes them feel like 'outsiders' heads to
Canada's top court3 hours agoNadine YousifSenior
Canada reporter,
Montreal, QuebecEloise Alanna/BBCLisa Robicheau is one of many
Muslim women in
Quebec who say the province's secularism law has significantly impacted their life and work.Since 2019, a secularism law in
Quebec has barred some public sector workers, like judges, police officers and teachers, from wearing religious attire at work. Now, the country's highest court is preparing to consider its future.
Lisa Robicheau describes her life as "stuck between a rock and a hard place".The 41-year-old single mother of two, who wears a hijab, works in
Montreal's English-language school system as a contract support worker for students with disabilities - a job she loves and where she is exempt from the current law. But Robicheau can't help feeling anxious about her future and whether she will be able to continue working in a public school while being visibly
Muslim in
Quebec. The uncertainty has led her to enroll back in university, hoping to find a different job—or even leave the province."I've spent the majority of my life here, but it never feels like home," she told the BBC. "I am constantly being treated like an outsider."Robicheau is one of several
Muslim women living in
Quebec who say their life and work have become increasingly difficult since the law—which bans religious symbols for public employees in positions of "authority" —was implemented seven years ago.Proponents of the law—known as
Bill 21—have long argued that it upholds secularism and neutrality in
Quebec public life, a concept in known as laïcité in the majority French-speaking province, and is not intended to discriminate against any one religion."I think it's good for what we call the' 'vivre ensemble'," said
Quebec Premier
François Legault after the law passed, using a French term for coexistence.On Monday, the
Supreme Court will begin a four-day hearing in Ottawa on a constitutional challenge to
Bill 21. Thirteen challengers brought the case to court, including the
Canadian Civil Liberties Association, the
National Council of Canadian Muslims, the World Sikh Organization of
Canada and the English
Montreal School Board.Because
Muslim women make up a larger share of
Quebec's population than other religious minorities, they have been particularly affected, said
Nadia Hasan, a researcher and associate professor at York University in Toronto.Hasan has spoken to more than 400
Muslim women in
Quebec about
Bill 21. She found that 73% felt the secularism law affected their ability to look for a job, and a similar number said they have considered leaving the province. More than half said they experienced racist remarks or prejudice at work.Some said the law pushed them to apply for jobs within the
Muslim community, like
Muslim-owned businesses or private schools, which Hasan says has led to concerns about "social segregation".Other visible minority groups, like Jews and Sikhs in
Quebec, have also spoken about the impact on their communities.Amrit Kaur, a Sikh teacher who grew up in
Quebec and who wears a turban, is one of the appellants in the case. In 2021, Kaur wrote online that the law had "shattered" her future as an educator in her home province, pushing her to flee "religious persecution … like a refugee". She now lives in British Columbia.Eloise Alanna/BBCElizabeth Elbourne, a historian at McGill University, said
Quebec's
Bill 21 is a result of a historical rejection of religion in the provinceReligion is a historically sensitive topic in
Quebec.The province is dotted with old Catholic churches—a relic of a time when public institutions like schools and hospitals were under full control of the clergy. That era ended with the Quiet Revolution in 1960, when Quebecers purged the church from those institutions in favour of secularism.Tensions over religion shifted as
Quebec in recent decades welcomed more newcomers, and the province began discussing whether it should pass similar laws to France, which banned public school students from wearing religious attire in 2004.In 2008, a provincial commission on accommodating religious minorities recommended a form of "open secularism" where religious symbols could not be worn by people in public positions of authority. That became the backbone of
Bill 21.These debates unfolded alongside broader concerns about preserving
Quebec's French identity, said Elizabeth Elbourne, a historian at McGill University. At the heart of the discussion, she said, is whether
Quebec sees itself "as a multicultural society" or one that is more "assimilationist".The
Quebec government, still under the helm of Premier Legault, is now seeking to expand its secularism laws to include all staff at public schools, not just teachers and principals, and to daycare centres. It also wants to ban prayer in public spaces. The law includes an exemption to those who were working before it was proposed, like Robicheau.But dozens of other
Montreal school staff hired more recently have been fired or suspended, according to union leaders. Those who are currently exempt could risk losing their jobs if they seek to change roles or pursue promotions.All these measures have been controversial, but polls indicate a majority of Quebecers support them.Among the supporters is David Rand, president of a
Montreal-based atheist group, who said he believes the bulk of opposition to
Bill 21 is coming from outside
Quebec.He believes "religious convictions are no more sacred or untouchable than political convictions", and that public displays of both should be cast aside by those working for the state.Rand predicted a
Supreme Court ruling that would force
Quebec to scrap its secularism laws would be met with "massive protest" in the province.The law has been upheld by lower
Quebec courts, who ruled that it is valid because the province invoked the "notwithstanding clause" to pass it — a built-in loophole in the Canadian constitution that allows provinces and the federal government to override certain charter rights, including freedom of religion and equality rights. The makes the case bigger than
Bill 21, and the
Supreme Court must now weigh the notwithstanding clause itself, which has shielded the law in lower courts, and whether it should be limited. However the court rules, Hasan from York University said she worries
Bill 21 will continue to put a target on visible minorities, particularly
Muslim women.After years of living under the law, Robicheau said she and others have lost faith in
Quebec. But she still hopes the
Supreme Court will set a national precedent "that there are certain rights that are untouchable".