Supreme Court of Canada aims to rule on Quebec secularism law before retired justice's deadline
Chief Justice Richard Wagner said the court is working to release the landmark ruling while retired justice Sheilah Martin can still participate.
OTTAWA · The Supreme Court of Canada is aiming to release its landmark ruling on Quebec's secularism law before the end of November, a deadline tied to the recent retirement of one of its judges. Chief Justice Richard Wagner said in June that the judges were working to issue the decision on Bill 21 within the six-month window during which retired justice Sheilah Martin can still participate in judgments on cases she heard. Martin left the court at the end of May but is allowed to take part in published rulings on cases she sat on until the end of November. The Bill 21 case, which challenges the law prohibiting public-sector workers like teachers from wearing religious symbols, was heard over four days in March and is one of the most significant pending before the court.
"I would like to ensure that she is part of the decision," Chief Justice Wagner said in remarks translated from French. "That's a deadline we're taking into account." According to a tally from Ottawa law firm Supreme Advocacy, there are 19 pending rulings on which Martin was part of the hearings. From December onward, she would not be counted in the votes of any decision in cases she sat on, and her name would be marked with an asterisk with a note stating she took no part in the judgment.
The absence of the retired justice would not always matter if the judges are unanimous or near unanimous, but it could make a big difference if there is a split decision. "I can't see them all being released," said Supreme Advocacy's Thomas Slade in a LinkedIn post about the 19 pending judgments. "I would imagine the focus would be on those where there's a split decision. We've already had a few close splits this fall." Among the other pending judgments are cases on overlapping Aboriginal title, police powers to randomly stop drivers for road safety, and a major privacy case against Facebook. There are also two important sexual assault cases pending, including one called Bilinski that was heard on May 22, the final case on which Martin sat during her eight-and-a-half years on the court. Michael Plaxton, a law professor at the University of Saskatchewan, said in a Substack post that there are some significant cases in the mix. Beyond the pending judgments, the court has a busy schedule of hearings in November.
With files from The Globe and Mail