QUEBEC — With his ministers saying the police or the courts will be responsible for applying Quebec’s new secularism bill, Premier François Legault on Tuesday stayed vague — saying only that the government will take the necessary means for the law to be respected.
With reports of possible acts of civil disobedience emerging following the tabling last week of Bill 21, Public Security MInister Geneviève Guilbault told reporters the police would ultimately be responsible for enforcing the legislation.
“The law is the law,” Guilbault said, arriving for question period. “People will advise police services; it’s like the application of any other law.”
Moments later, however, Legault was more cautious, refusing to say specifically how the government will ensure the bill is respected.
He noted his ministers, whom he described as inexperienced, may have fallen into the journalist trap of answering a hypothetical question.
“What we want is to not be obliged to take the means (at our disposal) to have the law respected,” Legault said, trying to patch up the damages caused by remarks made by Guilbault and Justice Minister Sonia LeBel, who said injunctions could be used to enforce Bill 21.
“You know the means exist. I won’t spell out the means, which could be interpreted as something we envision in the short term.
“I envision that everyone will conform. I don’t think we should be talking about means at this moment in time. We know that Quebecers know there are ways to ensure our laws are applied.
“Quebecers know it is the responsibility of authorities, whether it is the mayor and his team, or the chairman of a school board or principals of schools. There are people who will be responsible to apply the law.
“I’m confident these persons will ensure the law is respected. If they don’t, we’ll take the means.”
The remarks followed statements from at least two school board — English Montreal and Lester B. Pearson — to the effect they will not apply the law.
Montreal suburban mayors added their voice to the list of groups protesting the bill with at least one mayor — Montreal West’s Beny Marsella — saying he will not enforce the bill.
And constitutional lawyer Julius Grey says Bill 21 possibly could be fought through civil disobedience.
LeBel said such talk is inappropriate.
“It is pretty irresponsible on their part to talk of civil disobedience,” LeBel said. “In a democratic society, they have the right to comment on legislation, to express their opinions.
“Where they are crossing the line is to say they will trample on a law which has been legitimately adopted by the National Assembly. I find this troubling.”
She told reporters the government could use the usual tools to ensure laws are respected, including injunctions.
“Ultimately, because it is not the avenue we envision — and I want to be clear on that — the government would have to proceed by injunction or judicial writ (mandamus), a proceeding which can force the application of the law,” she said.
“It is the theoretical judicial procedure.”
In the event of non-compliance to those procedures, groups or persons could be “charged with contempt of court.”
LeBel said she does not see a problem in that Bill 21 in its current form does not include any form of sanctions or fines if it is not respected.
“It is not a shortcoming,” LeBel said. “There are many laws which do not carry penal consequences.”
By Philip Authier, Montreal Gazette
Copyright Postmedia Network Inc., 2019
