Mainville, J.A.

Motion for leave to appeal from a judgment rendered from the bench by the Superior Court on June 14, 2023, dismissing a motion to suspend the application of the Government of Quebec’s Order in Council 707-2023 dated April 19, 2023.

The order in council provides that in order to preserve the laicity of public schools, school service centres must ensure that in each of their schools no space is used, in fact or in appearance, for the purposes of religious practices, such as open prayers or other similar practices.

A few months prior to the adoption of the order in council, certain secondary level students of the Muslim faith had indicated their intention to pray in a conspicuous manner within certain public schools in which they were registered. Shortly thereafter, some school establishments allowed these students to access a room to be used for such purposes.

On April 5, 2023, the National Assembly unanimously adopted a resolution condemning the use of school premises for the purposes of religious expression. Shortly thereafter, the Government of Quebec adopted Order in Council 707-2023 dated April 19, 2023.

The applicants challenge the constitutionality of the order in council on the ground that it infringes freedom of religion. Their application for judicial review includes a motion to suspend the application of the order in council pending the court proceedings.

The Superior Court refused to suspend the application of the order in council.

The applicants seek leave to appeal this judgment.

Leave is denied, notably because of the presumption of validity of laws that applies to the order in council, which seeks to preserve the laicity of Quebec public schools. Moreover, the constitutional question that has been raised cannot be decided in a summary fashion. Finally, as the Superior Court judge concluded, the inconveniences resulting from the order in council are not such as to justify an immediate intervention by the courts suspending its application.

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Full judgment (Mainville J.A.)