Morgan Lowrie, The Canadian Press<\/p>\n
MONTREAL \u2014 A Montreal woman who was told to remove her hijab by a judge is appealing a ruling that declined to clarify whether Quebecers have a right to wear religious attire in court, her lawyer said Wednesday.<\/p>\n
Rania El-Alloul had sought a legal clarification from Quebec Superior Court after she was denied an appearance in a lower court because she was wearing a hijab.<\/p>\n
Superior Court Justice Wilbrod D\u00e9carie ruled last month that the Quebec court judge\u2019s decision went against the principles of Canadian law protecting freedom of religion.<\/p>\n
But he also said that although El-Alloul\u2019s treatment was regrettable, he could not guarantee she would be allowed to wear her hijab during future court appearances.<\/p>\n
\u201cEach case must be evaluated in light of the context that exists during the witness\u2019s appearance,\u201d he wrote in his decision.<\/p>\n
On Wednesday, one of El-Alloul\u2019s lawyers said this case-by-case approach creates insecurity for his client and anyone else who may need to access the justice system while wearing religious attire.<\/p>\n
\u201cShe would have to be worried every time whether she\u2019d be heard or not, which might induce her to settle cases she shouldn\u2019t settle or not to go to court,\u201d Julius Grey said in a phone interview.<\/p>\n
Grey also believes D\u00e9carie erred when he ruled it was out of his jurisdiction to make a declaration on whether all litigants have the right to wear religious attire in court.<\/p>\n
\u201cWhen you have a Charter issue, the procedure should not have the effect of depriving someone of their rights,\u201d he said.<\/p>\n
A judge refused to hear El-Alloul\u2019s case against the province\u2019s auto insurance board in February 2015 because of her attire.<\/p>\n
El-Alloul refused to remove her hijab and the case was put off. It was ultimately settled when the car was returned.<\/p>\n
In a statement, El-Alloul said she wanted more than just confirmation the judge had been wrong.<\/p>\n
\u201cIt isn\u2019t enough that I have been vindicated,\u201d she said. \u201cIt\u2019s so important that the successful resolution of my case ensures that no one is ever humiliated the way I was and deprived of their rights.\u201d<\/p>\n
Grey said the appeal likely won\u2019t be heard until late 2017.<\/p>\n
Source: \u00a0National Post<\/p>\n