TALQ among group taking Bill 21 to Canada's highest court

Tashi Farmilo

TALQ (Talking, Advocating, Living in Quebec), a Montreal-based organization representing English-speaking Quebecers, appeared before the Supreme Court of Canada from March 23 to 26 to argue that the province's secularism law violates the constitutional rights of English-speaking minority communities to manage their own schools, in a case that could reshape how far a provincial government can go in overriding the Charter rights of linguistic minorities.

The organization intervened in the appeal of Bill 21, a Quebec law passed in 2019 that prohibits many public sector workers, including teachers, from wearing religious symbols such as hijabs, kippahs, and crosses on the job. TALQ was represented by constitutional lawyer Julius Grey, who argued that the law infringes the collective rights of the English-speaking minority under section 23 of the Canadian Charter of Rights and Freedoms. The organization maintained that section 23 protects more than language, and that Bill 21's restrictions on school personnel undermine the cultural and religious diversity that defines English-speaking communities in Quebec.

"Section 23 is central to the survival and flourishing of minority-language communities, and it safeguards their autonomy," said TALQ President Eva Ludvig. "Any measure that limits the ability of these communities to manage their educational institutions, reflect their diversity, and transmit their culture must be subject to the highest level of constitutional scrutiny."

The implications reach well beyond school hiring. TALQ says schools are the heart of minority-language communities and that this ruling will determine how much of the English-speaking community's distinct identity and open secular tradition can be protected through its right to manage its own educational institutions.

The case also puts the notwithstanding clause under scrutiny. Quebec invoked the clause, which allows governments to temporarily override certain Charter rights, when it passed Bill 21. While TALQ's intervention did not focus on that dimension of the case, the organization has expressed serious concern about the conditions under which a province can deploy the clause against the constitutional protections of minority communities.

"TALQ's presence before the Supreme Court ensures that the voice of Quebec's English-speaking community is heard at the highest level," said Director General Sylvia Martin-Laforge. "This case is not only about legal principles. It is about protecting the institution’s identity, and the future of our community."

Should the Court rule against TALQ, the notwithstanding clause must still be renewed every five years, leaving room for continued political pressure. International legal avenues also exist, though they are more difficult to enforce domestically. A favourable ruling, TALQ says, would reinforce Supreme Court precedent that minority-language rights must be interpreted in a manner consistent with the preservation and development of official-language communities across Canada.