“We must trust our democracy. Elected representatives and the electorate are also guardians of the Constitution, and we must assume that the government will govern itself in the public interest.”

Those are the words of lawyer Isabelle Brunet, representing the Coalition Avenir Québec government, in testimony before the Supreme Court this week on Bill 21, which bans public servants such as teachers and police officers from wearing religious symbols on the job.

Brunet was defending the notwithstanding clause, which was also on trial this week. Quebec used the clause pre-emptively to shield Bill 21 from being struck down by the courts, presumably expecting it would be found to infringe on charter rights and fundamental freedoms of conscience and religion.

The notwithstanding clause was included in rights charter of the repatriated 1982 Canadian Constitution as a last-minute compromise to win over support of the premiers, thus maintaining for legislators the ultimate last word if, for example, judges struck down a law for violating certain rights. The general understanding was that the clause was meant to be used under exceptional........

© Montreal Gazette