The Public Service Alliance of Canada (PSAC) appeared before the Supreme Court to argue that Quebec’s Loi sur la laïcité de l'État (Bill 21) goes beyond secularism and constitutes a direct attack on workers' rights and collective bargaining. 

Representing 240,000 members across the country, including 21,000 working in Quebec universities, PSAC maintains that Bill 21 sets a dangerous precedent for the entire labour movement. 

"Our collective agreements are the result of historic fights for equality and dignity," says Sharon DeSousa, PSAC National President. "By unilaterally cancelling negotiated protections, the government is upending a critical balance, placing unions in an impossible position regarding their duty of fair representation." 
 
A key concern in Bill 21 is Section 16, which invalidates any provision of a collective agreement that is incompatible with the Act. By overriding these negotiated conditions of work, the law directly undermines union autonomy and the power of workers to negotiate in good faith with their employer. Furthermore, this puts unions in direct conflict with their duty of fair representation, as they are forced to accept discrimination based on sex and religion. 

PSAC also denounces the government's misuse of the notwithstanding clause. This troubling tactic is intended to prevent courts from verifying whether laws infringe on fundamental rights. This is a dangerous trend emerging across the country. In Ontario, PSAC previously condemned the pre-emptive use of this clause by the Doug Ford government when it attempted to force education support staff back to work through legislation. 

In its arguments, PSAC emphasized that, under the rule of law, courts have a duty to declare violations of fundamental rights, even when the notwithstanding clause is invoked, to ensure the public is informed. 

PSAC’s intervention also relies on Section 28 of the Canadian Charter of Rights and Freedoms, which guarantees that all fundamental rights apply equally to women and men. This guarantee cannot be overridden by the notwithstanding clause. 

Ultimately, PSAC remains deeply concerned by the disproportionate impact Bill 21 has on women in the workplace. As we have stated previously, any legislation that creates systemic barriers to employment for women undermines the very principles of equality and fairness that our movement has fought for decades to protect.