A provincial court is standing by a judge who refused to hear the case of a woman unless she removed her Islamic headscarf. Rania El-Alloul was in a Montreal courtroom hoping to have her car returned to her. It had been seized because her son was driving it without a valid license.
Judge Eliana Marengo asked El-Alloul to remove the scarf, saying that the court was a secular space and that religious clothing of any kind is inappropriate. El-Alloul declined and the case was suspended. The judge suggested she consult a lawyer but El-Alloul said she could not afford it.
Rule open to judge’s discretion
In Quebec the rules of the provincial court say that “any person appearing before the court must be suitable dressed.” It is up to the judge to decide what is acceptable and what is not.
The premier of the province Philippe Couillard said “I am a little bit disturbed by this event, I must say.” He would go no further given the strict understanding in Canada that legislators can under no circumstances interfere with the judiciary.
The Canadian Civil Liberties Association said the judge’s decision was disrespectful, troubling, and a violation of El-Alloul’s fundamental right to freedom of religion.
El-Alloul says she swore her oath of Canadian citizenship wearing the hijab, but now no longer feels like a Canadian.
Debate rages on
There has been much debate in Quebec about the wearing of religious symbols. The previous government was about to pass legislation forbidding it for civil servants and other public service employees while they are at work. But it was voted out of office before it could do so.
This case has rekindled heated debate.
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