The Quebec Court of Appeal is seen in Montreal, Wednesday, March 27, 2019. A Quebec Court of Appeal judge has refused to allow a Muslim organization and a civil rights group to appeal a lower court decision maintaining the province's ban on prayer spaces in public schools. THE CANADIAN PRESS/Ryan Remiorz
MONTREAL – The Quebec Court of Appeal has refused to allow a Muslim organization and a civil rights group to appeal a lower court decision maintaining the province’s ban on prayer spaces in public schools.
Justice Robert M. Mainville says he’s not convinced the appeal has a reasonable chance of success.
The Canadian Civil Liberties Association and the National Council of Canadian Muslims had been seeking to have the prayer ban suspended until their court challenge could be heard in full.
Lawyers for the groups argued earlier this week that a Superior Court judge erred in June when he rejected their request.
But Mainville disagreed and said he’s not convinced the harm caused by the ban is serious enough to justify a suspension and that constitutional issues raised by the decree would have to be decided at trial.
He says the ban, which forbids schools from making space available for visible prayer, also benefits from the presumption that government laws and regulations are in the public interest.
This report by The Canadian Press was first published July 26, 2023.