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  • Application For Judicial Review and Application For An Interim Stay

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    Canoe.com
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    The court filing for a legal challenge to Quebec's face-covering law Bill 62.

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    Application for Judicial Review and Application for an Interim Stay

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    The court filing for a legal challenge to Quebec's face-covering law Bill 62.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai PDF atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    1K tayangan25 halaman

    Application For Judicial Review and Application For An Interim Stay

    Diunggah oleh

    Canoe.com
    The court filing for a legal challenge to Quebec's face-covering law Bill 62.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai PDF atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 25
    CANADA PROVINCE OF quéBEC DISTRICT OF MONTREAL N° 500-17- SUPERIOR COURT NATIONAL COUNCIL OF CANADIAN MUSLIMS (NCCM), having a place of business at 200 -' 440 Laurier Avenue: West, in the city of Ottawa, province of Ontario, K1R 7X6 ~and- MARIE-MICHELLE — LACOSTE, an Individual domiciled and residing at...) sand CORPORATION OF THE CANADIAN IVIL LIBERTIES ASSOCIATION, having 4 place of business at 90 Eglinton Avenue East no. 900, in the city of Toronto, Province of Ontario, M4P 2¥3 Plaintifis THE ATTORNEY GENERAL OF QUEBEC, having a place of business at 1 Notte-Dame Street East, Suite 8.01, in the city and dlstret of Montéal, Province of ‘Québec, H2Y 186 Defendant APPLICATION FOR JUDICIAL REVIEW (DECLARATION OF INVALIDITY) ‘AND APPLICATION FOR AN INTERIM STAY IN SUPPORT OF THIS APPLICATION, THE PLAINTIFFS STATE AS FOLLOWS: 1 OVERVIEW (Articles 49 and $28(1) C.C.P.) 1. Ii Québec, freedom of religion and the right to equalty are protected in the strongest terms by both Québec's Charter of Human Rights and Freedoms, imk 10, 1 COLA © C-12 (the "Québec Charter’), and the Canadian Charter of Rights and Freedoms, Part | of the Constitution Act, 1982, being Schedule 6 to the Canada ‘Act 1982 (UK), 1982, ¢ 11 (the “Canadian Charter’) Freedom of religion in Québec and Canada entails the recognition that individuals are tree to maintain the religious beliefs of thelr choosing, and to ‘maritest these beliefs in their dally Ives. ‘A coroltary of this individual freedom is the principle of state neutrality, o the ‘notion that the state must nelther encourage nor discourage any form of religious ‘conviction or practice. This principle is already recognized in Qué2ec. and Canadian law. ‘The right to equally, then, protects individuals against unequal treatment or an unequal abilty to exercise their fundamental freedoms on the basis of their personal characteristics, including their sex and their religion, (On October 18, 2017, the National Assembly adopted An Act to foster adherence to State religious neuiralty and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies, SO 2017, ¢. 19 (the “Act, @ copy of which is produced as Exhibit Pt ‘The Act gravely infringes the religious and equality rights of certain Mustim women in Québec. ‘Whie purporting to promote the goals of advancing the religious neutralty of the state_and faclitating communication between public employees anc private citizans, the Act actually does the opposite. Itimpases a significant burden on the ‘exercise of religious freedom, and it does so in a discriminatory manner that will isolete some Québec residents, making it much more dificult for them to partcjpate in Québec society. In 50 doing, the Act contravenes the principle of state neutrality that it claims to endorse. Spesifcally, Section 10 of the Act provides that public sector employees must, ‘exercise thelr functions, and private citizens must recaive services from public bodies, with their faces uncovered inal cases. This requirement directly infinges the freedom of religion of individuals, such as Muslim women, who cover their faces as a religious practice. The Act thus predudes certain Muslim women, including Affiants in these proceedings, trom receiving various public services Unless they act contrary to thelr sincerely held religous beliefs ‘The requirements of Section 10 also discriminate against this group of Muslim ‘women on the grounds of both religion and gender. Non-Muslims, Muslir women imk 12, 13, 4, 18, 16, a 17. 18. 19, 20. who do not cover their faces, and Muslim men need not choose between their religious observances and their right to work for or receive service from public bodies. Such blatant and unjustified violations of freedom of religion, as well as of the ‘equality guarantees of the Québec and Canadian Charters, have no place in ‘Québec or Canada. These violations cannot be justiied in Québec's free and democratic society. Section 10 of the Act must therefore be daclared invalid and unconstitutional Moreover, until this Honourable Court is able to render such declarations on the merits of this case, it should stay the operation of Section 10 to prevent its ‘application trom causing significant and lreparable arm in the inter ‘THE AFFIANTS Not all Muslim women cover their faces for religious reasons. Some do not wear any religious clothing at al. Others wear the hijab, a traditional veil that covers the head and chest, in the presence of adult males outside their immediate tamil. ‘A small minorty of Muslim women in Canada chooses to wear the nigab, a full veil that covers both the head and face but not the eyes, on the basis of thelr sincerely held religious beliefs. ‘The decision to wear a nigab or other face covering for religious reasons is a

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