Followers of the various controversies in England and Wales about silent prayer in protection zones around abortion clinics– such as the recent conviction of Adam Smith-Connor for praying silently within the area around a clinic in Bournemouth in November 2022 where a public space protection order was in place and refusing to move on when asked to do so – may be interested in the recent development in Quebec, where the Premier, François Legault, has declared that he wants to ban praying in public generally, and that he is considering using s.33 of the Canadian Charter of Rights and Freedoms, aka the “notwithstanding clause”, to do so.

Under s.33, the Canadian Parliament or a provincial legislature may pass primary (but not subordinate) legislation to override the fundamental rights set out in s.2 and ss.7-15 of the Charter. Any use of the notwithstanding power must be express rather than implied, and each exercise of the power can only last for five years or less, after which it expires unless Parliament or the legislature re-enacts it under s.33(4) for a further maximum period of five years.

CBC News reports that M Legault told a press conference that “Seeing people praying in the streets, in public parks, is not something we want in Quebec”. Continue reading →