A drama–and controversy–that began nearly three years ago in a Montreal courtroom appears headed to a conclusion.
The Quebec Judicial Council says it will move forward with an investigation into a judge’s decision not to hear a case because a woman appearing before her was wearing a hijab.
The case–and accompanying controversy–began almost three years ago when Quebec Court judge Eliana Marengo told Rania El-Alloul to remove the hijab or her case would not be heard.
“In my opinion, you are not suitably dressed,” Marengo told El-Aloul. “Decorum is important. Hats and sunglasses, for example are not allowed. And I don’t see why scarves on the head would be either.”
Quebec court Judge Eliana Marengo has lost two appeals to quash an investigation into a ruling she made in 2015. (ca.news.yahoo.com)
Al-Alloul, who refused to remove her hijab, said she had been “deeply humiliated” by the judge’s decision.
“I felt that I had to choose between my sincerely held beliefs and my fundamental right to be heard by a court on an application that was important to me,” she said.
Marengo’s ruling triggered numerous complaints to the Judicial Council, which decided 28 of them were well founded.
In 2016, it formed a committee to investigate Marengo’s conduct.
Marengo appealed to have the investigation quashed because, she said, it violated her judicial independence.
She lost those appeals in Quebec Superior Court and the Quebec Court of Appeal.
Meanwhile, El-Alloul petitioned Quebec Superior Court to declare that Marengo had breached her freedom of religion and her right to to be heard in Quebec court wearing a hijab.
She, too, lost.
The Quebec Judicial Council says will now set a date for hearings into Marengo’s conduct.
With files from Canadian Press, CBC, Huffington Post
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