MONTREAL — Lawyers are seeking clarification about the rights of Quebecers who want access to justice while wearing religious attire after Rania El-Alloul was was refused her day in court by a judge because she was wearing a hijab.
READ MORE: Lawyers seek ruling on whether judges can dictate religious attire in court
While reaction was swift and supportive of El-Alloul, many are wondering what this legal challenge means.
1. What is the goal of this legal challenge?
The challenge seeks to allow people of any religious faith access to the courts regardless of their religious attire.
“What we want is a simple, clear statement that with a hijab, or a kippa or a kirpan that when a person appears in court that no one is conscious of that,” said El-Alloul’s attorney, human rights lawyer, Julius Grey.
2. Why a complaint against the judge?
Before hearing El-Alloul’s case, Quebec judge Eliana Marengo said the courtroom is a secular space where religious symbols were not considered suitable.
In turning El-Alloul away from court, Julius Grey contends that Marengo violated both the Quebec and Canadian human rights charters. He has filed a complaint against the judge as well, “not for the purpose of removing or punishing her in any severe way, but for the purpose of showing that a judge cannot choose her clientele.”
WATCH: Montreal woman barred from wearing hijab in courtroom
3. Taking on a judge is risky
Filing a complaint against Judge Eliana Marengo is a potentially risky move, according to one Montreal criminal defence lawyer.
“You need to be quite guarded and careful when you file a complaint against a judge,” attorney Eric Sutton told Global News.
“You never know when you’ll have to appear before that judge again.”
4. What could happen to the judge?
The possible outcomes of a complaint against the judge could include rejection, the complaint being upheld with a suspension, or, in rare cases, impeachment of a judge.
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However, attorney Eric Sutton told Global News that impeachment almost never happens.
5. Will these motions result in clarity for the future?
As the challenge is being made on the basis of the charter, Sutton said he doesn’t believe the court will give Grey the clarity he is after.
“I don’t think they’re going to elaborate and necessarily follow the invitation the complaint seems to make,” he noted.
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