Woman wearing hijab was entitled to testify, Quebec top court rules

By Ingrid Peritz & Les Perreaux
The Globe and Mail | October 3, 2018

… Ms. El-Alloul’s case was taken up by the National Council of Canadian Muslims, which backed a court challenge to seek a legal opinion on the matter.

An initial Superior Court ruling found that while Justice Marengo’s arguments went against the principles of religious freedom, a judicial opinion would interfere with the authority of individual judges.

But the Court of Appeal overturned that ruling. It said that Justice Judge Marengo had made an “erroneous” interpretation of the rules on courtroom decorum.

. . .

The judgment was welcomed by the National Council of Canadian Muslims.

“The idea that a person can be denied access to the justice system on the basis of their sincerely held religious beliefs is an affront to the rule of law and the principles that underpin a free and democratic society like Canada,” said Khalid Elgazzar, a lawyer and vice-chairman of the group.

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