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QUEBEC Liberal leadership candidate Alexandre Cusson says he would never have created Bill 21 on state secularism had he been premier of Quebec because it violates fundamental rights.

And shifting his view closer to that of his rival Dominique Anglade, Cusson said he thinks if a government uses the notwithstanding clause to block court challenges based on individual rights, it can only be on a temporary basis.

I completely agree that the secularism of the state is essential, Cusson told 98.5 radio host Paul Arcand Monday. This said, had I been premier, I would not have presented Bill 21.

This law restricts individual freedoms. The Liberal Party of Quebec defines itself as the party of individual freedoms. I am in favour of state secularism, but there are other ways to get there than Bill 21.

Cussons statement comes a day after he refused to take a position on Bill 21, adopted last June by the Coalition Avenir Qubec government.

The bill bars public servants in positions of authority, such as judges, police officers and teachers, from wearing religious symbols such as a hijab, turban or kippah.

To shield the bill from court challenges, the CAQ government invoked the notwithstanding clause of the constitution. The clause is valid for five years from its use, which was June 2019.

Kicking off her campaign for the leadership Friday, Anglade made it clear that if she becomes premier one day, the government would keep Bill 21 but will not renew use of the clause; in other words, the bill would be subject to court challenges.

Thats what democracy is all about, Anglade said.

This is a position we will develop in the coming months, Cusson, the mayor of Drummondville, said Saturday when asked about the bill. Today, I dont want to enter into specific issues.

But Cusson shifted gears Monday, saying in his view the notwithstanding clauses can only be used on a temporary basis, not as standard practice as the CAQ proposes.

He noted the Liberals used it in the past during language debates but changed laws to adjust to court decisions later and did not renew the clause; in other words, respected the courts.

For me, attacking individual rights is not possible, Cusson said. Using the notwithstanding clause repeatedly? For me a notwithstanding clause, overriding the Charter, can be done like we did at one point with language.

The law was challenged. It had to be corrected. We applied it (the clause) temporarily. We corrected our laws and we moved on. That is how I see the use of the notwithstanding clause.

This said, the Liberal leadership race is not a referendum on Bill 21. I am in favour of state secularism, but there are other ways to get there than Bill 21. We can discuss other solutions, but as for my values, my personal position, I just explained it.

pauthier@postmedia.com

Twitter.com/philipauthier

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I wouldnt have created Bill 21, Liberal leadership candidate Cusson says - Montreal Gazette