Baker McKenzie Represents Canadian Constitution Foundation Before Supreme Court of Canada in Landmark Bill 21 Appeal

Baker McKenzie appeared before the Supreme Court of Canada as counsel for the Canadian Constitution Foundation (CCF) in its constitutional appeal concerning Quebec's Act Respecting the Laicity of the State (Bill 21).

Bill 21, enacted in 2019, restricts certain public-sector workers from wearing religious symbols at work and has been shielded through the use of the notwithstanding clause. The case examines not only the constitutionality of Quebec's secularism law, but also raises questions about the scope and limits of the Charter's notwithstanding clause (section 33) and the role of courts once that clause has been invoked.

Arguing before the Court, George Avraam, a trial and appellate lawyer at Baker McKenzie, emphasized that this appeal raises foundational questions about how the Charter's override power fits within Canada's constitutional structure, particularly the remedies that remain available when legislatures choose to invoke section 33.

Baker McKenzie delivered submissions on behalf of the CCF during the intervenors' closing arguments, addressing issues at the center of the appeal, particularly the relationship between section 33 and the availability of judicial remedies.

The Baker McKenzie team was led by George Avraam and included Haadi Malik and Anton Rizor.

George was quoted in The Globe and Mail, Canadian Lawyer and CBC News on the case.

A decision in the Bill 21 appeal is expected in the coming months. The Supreme Court's eventual ruling is expected to provide important guidance on the scope of section 33 and the boundaries of judicial remedies in cases where the clause is invoked.

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