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Colby Cosh: Is the Supreme Court preparing a judicial coup d’etat?

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25.03.2026

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Colby Cosh: Is the Supreme Court preparing a judicial coup d’etat?

The Bill 21 hearing looks more like a parliamentary committee than an apex appellate court

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The Supreme Court’s hearings on Bill 21, the laïcité law that forbids religious dress and accessories for public servants on duty, are taking place this week. Your National Post has been crowded with commentary on the moment, for the very good reason that the court is being asked to reinterpret the notwithstanding clause in the Charter of Rights in a way that would amount to a judicial coup d’etat. The arguments advanced by the various parties and interveners are helpfully available for public scrutiny (click the “Filed Documents” tab), and readers may wish to scrutinize these for themselves, particularly the factum presented by the attorney general of Canada.

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