15 April 2015

Speaker's Corner: Quebec judge’s ban on hijab in courtroom a judicial fiasco

http://lawtimesnews.com/201503304570/commentary/speaker-s-corner

El-Alloul, a naturalized Canadian who proudly wore her hijab before another judge at her citizenship ceremony years ago, has stated that what happened before Marengo made her “feel afraid” and that she no longer “feels Canadian.” ...

That the proximate justification for denying access related to El-Alloul’s religiously ordained article of clothing was ironic in more ways than one. The coat of arms of the Court of Quebec actually bears a Tudor crown clearly adorned with two Christian crucifixes, and the Quebec flag offers a more than conspicuous display of the same religious symbol for anyone who cares to see it ...

Finally, it would be hard to argue, particularly in view of the equality rights codified in s. 15, that allowing El-Alloul to petition a court of law for the early return of her impounded vehicle while wearing her hijab would harm any other person’s rights in a manner inconsistent with the Charter ...

 

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