Judge's hijab removal order denounced

Civil rights groups, politicians and community leaders reacted with outrage and condemnation Friday to a Quebec judge's refusal to hear a woman's case unless she removed her hijab.

On Tuesday, Quebec Court Judge Eliana Marengo told Rania El-Alloul inside a Montreal courtroom she had to remove her hijab before the court would hear her case against the province's automobile insurance board, which had seized her vehicle.

"They called my name and I went inside and swore to God to say the truth and my judge asked me this first question: 'why are you wearing this scarf?' 'I am a Muslim,' I said, and that's the real answer. She left her chair, went inside for about half an hour, she came back and said 'according to the law of this courtroom you are not allowed to wear this scarf.' I was shocked, surprised I told her I cannot remove it," Rania El-Alloul told CTV Montreal Friday.

Quebec Premier Philippe Couillard called the decision "disturbing," while the Canadian Civil Liberties Association deemed it troubling, discriminatory and a violation of the Canadian Charter right to freedom of religion.

Montreal criminal lawyer Andrew Barbacki said that there are many courtroom clothing items that are regularly banned - ank tops, baseball caps, beach clothing- that are pretty clear cut.

But a hijab would not appear to fall in that category. "One wonders what is the problem with somebody wearing a hijab in court, it's not something that offends anybody as far as I can see and it' snot something sloppy or disrespectful," said Barbacki.

Marengo said that she wanted her courtroom to be secular and El-Alloul's Islamic headscarf was inappropriate.

El-Alloul refused to remove her hijab, and in response, Marengo suspended the case indefinitely.

A spokesperson for the Court of Quebec told CTV News that Justice Eliana Merengo stands by her decision.

On Friday, a spokesperson for the Prime Minister's Office said Friday that "if someone is not covering their face, we believe they should be allowed to testify."

Liberal Leader Trudeau weighed in during an event in Montreal.

"The fact that in this situation, in a courtroom of all places, someone's fundamental rights weren't respected is absolutely unacceptable and we expect that there will be consequences," Trudeau said.

NDP Leader Tom Mulcair said the judge made a mistake.

"I expect this individual to be given a full and proper hearing in short order," Mulcair added.

Bergeron repeated Friday that judges are masters of their courtroom and have the right to interpret the law and set the rules of the court as they see fit.

Couillard said that in his government's opinion, the only time one should be required to remove an article of religious clothing is if it creates problems for "communication, identification or security."

"I will be very careful because the judge is sovereign in her decisions, in her courtroom," Couillard told reporters in Quebec City. "I'm a little bit disturbed by this event, I must say."

Sukania Pillay, the Canadian Civil Liberties Association's executive director, said the state has no right to be in people's closets and to tell women what to wear.

"The courtroom has every right to be secular," said Pillay. "But that doesn't translate into telling people what they can and cannot wear in a manner that's incompatible with their freedom of region."

The World Sikh Organization of Canada was quick to denounce the judge.

"It would appear that Judge Marengo is ignoring both Quebec and Canadian law, which quite clearly protects freedom of religion," Balpreet Singh Boparai wrote in a press release issued Friday.

Lucie Lamarche, a lawyer and a spokeswoman for Quebec's league for rights and freedoms, said there is "no judicial precedent" for Marengo's decision.

"The judge has the right to enforce the decorum in the courtroom," Lamarche said. "But there is no definition of decorum."

She said Marengo's decision was "extremely personal and discriminatory regarding what it means to be dressed properly in the courtroom."

Lamarche added that the chief justice of the Court of Quebec has the ability to remove a judge from a particular case and that El-Alloul can make that request.

-With a file from The Canadian Press