Yakabuski – It’s official: The Supreme Court’s ruling on Bill 21 will be one for the ages

Indeed:

…Nevertheless, the fact that two provincial appeal courts have now come to contradictory decisions touching on the judicial review of laws shielded by the notwithstanding clause means the Supreme Court must inevitably settle the issue. 

Its ruling on Bill 21 will hence carry widespread implications for governments across Canada, either freeing them to employ the notwithstanding clause with impunity, or subjecting them to potential rebuke – in the form of judicial declarations – if they invoke Section 33.

It remains unclear whether the Supreme Court will render its decision before Quebeckers go to the polls next year. Even so, with the Parti Québécois seeking to build on its momentum after another decisive by-election win this week, the Supreme Court case on Bill 21 will figure prominently in the sovereigntist party’s campaign pitch to francophone voters. PQ Leader Paul St-Pierre Plamondon said the Supreme Court’s move to grant leave to appeal to Bill 21’s opponents “confirms to us that the federal regime is determined to combat Quebeckers’ democratic choices.” 

How much will the top court take into consideration a potential political backlash in Quebec in determining whether to overturn the Quebec Court of Appeal’s ruling on Bill 21? With the PQ on track for a stunning comeback in the 2026 vote, increasing the likelihood of another sovereignty referendum by 2030, the question has to be on the judges’ minds. 

Source: It’s official: The Supreme Court’s ruling on Bill 21 will be one for the ages