FOLA granted Intervener Status by Supreme Court of Canada in English Montreal School Board, et al. v. Attorney General of Quebec, et al.

For Immediate Release: July 25, 2025

On July 23rd, 2025, the Federation of Ontario Law Associations (“FOLA”) was granted leave to intervene by the Supreme Court of Canada in English Montreal School Board v. Attorney General of Quebec, a challenge to Quebec’s Act Respecting the Laicity of the State, also known as Law 21.

Represented by Katie Black, Babacar Faye and Lucie Atangana, FOLA sought leave in the appeal in order of to protect the inherent jurisdiction of the courts to make declarations on the constitutionality of laws enacted by Parliament and provincial legislatures.

The appeal will touch on several issues of significant importance to our constitutional order, ranging from religious freedom and secularism to Canada’s constitutional landscape, the rule of law and democracy.

Enacted in 2019, the legislation had been challenged in Quebec Superior Court on the basis that it violated the constitution and breached several Charter rights that were not subject to the notwithstanding clause. The Act regulates the display of religious symbols for members of the Public Service and those who exercise government functions. Upheld in the lower courts, the Quebec Court of Appeal further held that the pre-emptive use of s.33 of the Charter completely immunized legislatures from judicial review, setting the impetus for FOLA to seek leave to intervene in the appeal due to its implications for the rule of law and the administration of justice. 

FOLA’s intervention will be primarily focused on whether s. 33 can limit the inherent jurisdiction of s.96 courts, and the unfettered right of individuals to seek a declaration as to the violation of their rights, regardless of the invocation of s. 33.  

At a time where the Rule of Law faces constant attacks, FOLA believes that it is fundamentally important that the Highest Court be provided the opportunity to bring clarity to the use of the notwithstanding clause and the role of the courts in ensuring government accountability when reviewing legislation.

“FOLA is honoured to have been granted leave to intervene in this landmark case,” said Allen Wynperle, Chair of FOLA. “We believe it is essential for the Supreme Court to affirm that courts retain their inherent jurisdiction to make declarations on the constitutionality of laws. The ability of Canadians to seek that clarity is foundational to our democracy, the rule of law, and the protection of rights — and cannot be swept aside by the broad and unchecked use of the notwithstanding clause. The conversation between the judiciary and the legislature is important to our democracy.”

FOLA looks forward to arguing in support of the inherent and core jurisdiction of courts to issue declaratory relief, the importance of declaratory relief to the proper functioning of our democracy, and the dangers created by the unfettered use of s.33 on the principles of fundamental justice.

Read our memorandum of argument seeking leave to intervene here.

About FOLA

FOLA is a non-profit organization that represents Ontario’s 46 county and district law associations. Most of FOLA’s members are sole practitioners or work in small firms across the province.

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Contact:

Ian Hu

Director of Policy & Advocacy, FOLA

Email: ian.hu@fola.ca