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Canadian court defends the right of “mu7hajabats”

5-10-2018

The Quebec Court of Appeal ruled on Wednesday that a judge could not refuse to hear a woman who wears a veil. The top court decided unanimously that citizens can wear any religious attire inside the courtroom if it constitutes an honest religious belief and if they do not harm another person’s constitutional rights or the public interest. The decision came after Rania Alloul, a Muslim Canadian from Montreal, was denied access to the court in 2015 for putting a headscarf. Alloul launched a legal campaign to establish her right in standing before a judge in Canadian courts wearing a hijab. Quebec Court Judge then Eliana Marengo based her decision on the fact that any person should be ‘suitably dressed’ for a court proceeding, comparing Alloul’s wearing of a hijab to wearing sunglasses or hat. The 3-judge Appellate Court found that Judge Marengo did not take into account Alloul’s constitutional right in expressing her sincere religious beliefs. She based her ruling on the principle of secularism of the State which she erroneously believed to be part of the supreme court’s regulations, the 3-judge panel ruled. (Al Diyar, October 5, 2018)

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