Update on the SCC Bill 21 Appeal - CMLA Among Coalition Granted Leave to Intervene

In 2026, the Supreme Court of Canada will be hearing the appeal of Quebec’s Bill 21. As you may know, Bill 21 is a provincial law that prohibits certain public sector employees in positions of authority—such as teachers, police officers, and judges—from wearing religious symbols while at work. The law, passed in 2019, invokes the notwithstanding clause (section 33 of the Charter) to shield it from constitutional challenges related to freedom of religion and expression.

We are pleased to share that this week, the Supreme Court of Canada has granted leave to intervene to numerous parties, including a coalition of equity-seeking legal associations. This coalition includes the CMLA as well as SABA (Toronto, Calgary, BC and Edmonton), CABL and FACL Ontario.

Among other arguments, this coalition intends to raise that section 32(1) of the Charter demands that the courts be permitted to meaningfully review any invocation of section 33 and that this litigation helps achieve the goal by including racialized voices, increasing government transparency, and supporting community-based justice efforts.

Thank you to Mannu Chowdhury for leading this litigation on behalf of the coalition and to all the CMLA members who have been providing support along the way.

We will continue to provide updates as they become available.