Quebec woman ordered by judge to remove hijab in court seeks clearer rules

Rania El-Alloul, the Montreal womanwho was asked by a Quebec Court judge to remove her hijab duringahearingin 2015, wasback in court Thursdayasking a Superior Court justiceto clarifythe rules governing religious attire in Quebec courtrooms.

Judge Eliana Marengo told El-Alloul during a hearing in February 2015 that she would only hear El-Alloul'scase if she removed her hijab.

• Quebec judge wouldn't hear case of woman wearing hijab

At the time,El-Alloul was in court trying to get her car back after it had been seized by Quebec's automobile insurance board.

Marengo told El-Alloulthata courtroom was a secular space, andshe was not suitably dressed.

The judge also compared the hijab to a hat and sunglasses, which would not normally be allowed in court.

The specific rule about attire in Quebec courtrooms simply states that people appearing before judges must be "suitably dressed,"with no further explanation.

The case sparkedoutrage across the country, with many lawyers offering to represent El-Alloul and people offering money to help cover her legal bills, suggesting that her charter rights had been violated.

Superior Court asked to weigh in on attire

El-Alloul's lawyers asked Quebec Superior Court Justice Wilbrod Dcarie on Thursday for a declaratory judgment essentially a ruling that would clarify thathijabsand other religious attire are permitted in Quebec courtroomsand that a judge can'trefuse to hear witnesses on that basis.

Julius Grey and Catherine McKenziearguedthat such a ruling is necessary so people who wear religious attire know if they canbe heard in Quebec courts.

Without a declaration of rights, McKenzie said, "this opens the door to ask people about religious belief because of what they wear on their head."

She called that a slippery slope.

Mario Nomandin, the lawyer for Quebec's attorney general, said such a declarationwas not needed.

Normandinnotedthe Supreme Court of Canada has already ruled thatthe question of religious clothing in court should be treated on a case-by-case basis.

Justice Wilbrod Dcarie said he will take the arguments under advisement.

It could be weeks or months before he renders his decision.

• Rania El-Alloul declines $50K crowdfunded donation

Complaint against judge ruled 'unfounded'

El-Alloulalsofiled a complaint against Judge Marengolast yearwiththe body that hears complaints against judges, the Conseil de la magistratureor magistrates council.

It was revealed during Thursday'sSuperior Court hearing that the council dismissed the complaintlast February, calling it "unfounded."

• RaniaEl-Alloulhijabruling draws complaint against Quebec judge

Thecouncilhas refused repeated requests from CBC News to comment onthe case, even refusing to say when or if a hearing onEl-Alloul'scomplaint would proceed.

A spokeswomanfor thecouncil, Esther Boivin, has continuallyreferred CBC to the body'swebsite, saying any updates about the case would be available there.

In a copy of the letter thecouncilsent toEl-Alloul'slawyers lastFebruary that was entered into evidenceThursday, it wasnoted that more than 30 other complaints about the case from interested parties had also been received, and that the councilwould proceed with a review of some of those complaints.

The letter does not address why El-Alloul's specific complaint was dismissed.

It doessuggestthat some of the complaints, including El-Alloul's, "make no mention of any breach of professional ethics, either because some complainants only relate the facts reported in the media or because they don't make any accusations against the judge."

"These complaints are therefore not accepted."

Contacted by CBC Thursday afternoon, Boivinrefused to make any comment on the case, saying it was confidential.