Federal Court rules against niqab ban during the citizenship oath

The Federal Court of Appeal ruled against the immigration minister’s attempts to ban the Niqab and other face-covers while taking the citizenship oath, on Sept. 15, 2015. The issue of banning the niqab began when Zunera Ishaq, a woman born in Pakistan, who has been a Canadian citizen since 2008, refused to remove her face-cover during the oath. As a devout Muslim it violates her religious belief that she cannot show her face to men out of wedlock.
Lorne Waldman, one of Ishaq’s lawyers, told Vice News that she is “extremely pleased,” with the swift decision. “The court of appeal went out of its way to render its decision quickly and we’re going to do everything we can to ensure that she can get her citizenship as soon as possible. She’ll now be able to take the oath without having to unveil.”
Unfortunately, it may not be soon enough for Ishaq to cast a ballot on Oct. 19.
“It’s very important to her and I’m sure she’s very disappointed,” Waldman told the Toronto Star. “She was very anxious. She really wanted to get her citizenship because she really, really wanted to vote.”
Prime Minister Harper, soon after hearing the court decision stated, “[It is] offensive that someone would hide their identity at the very moment when they’re committing to join the Canadian family.”
Prime minister Harper later said in a campaign event on Sept. 18, 2015, in Calgary: “Look when someone joins our pluralistic society that as part of our interactions with each other we reveal our identity through revealing our face.”
The conservative government has already stated it will seek to appeal the decision to the Supreme Court of Canada. Additionally, Ishaq cannot vote until the Supreme court’s decision is reached.
Waldman says his firm will try to push for a decision to come quick enough for Ishaq to vote.
“I’m sure she wants us to push ahead as much as we can,” said Waldman in an interview with the Toronto Star.
Ishaq argued in court that the ban violates sections 2(a), (b), and 15(1) of the Canadian Charter of Rights and Freedoms. Section 2 (a) gives freedom of religion and 2 (b) gives freedom of expression; section 15 (1) gives Canadians equal protection and benefit of the law without discrimination of race, gender, or religion.
Ishaq also argued that the ban violates the citizenship act which says candidates must be allowed the greatest possible religious freedom as they take the oath.
A poll conducted in March stated that the majority of Canadians oppose women wearing Niqabs when taking their oaths to become citizens.
According to the Liberal party, the conservative government has collectively spent over 250,000 in legal fees during this case.
“It is fairly clear that the motivations are political and the government seems to think that this is a wedge issue that will appeal to some people who vote for the conservative party,” said Waldman.
The conservative government said that they would introduce legislation that will ban face covering during the citizenship oath within 100 days.
“We will bring forth legislation that makes this crystal clear,” said Prime Minister Harper.
Tim Uppal, Canada’s Minister of State for multiculturalism said: “The majority of Canadians believe wholeheartedly this is the right move.”
The ruling comes at a time where the Government is receiving flack and outrage for Canada’s actions, or lack of actions, during the Syrian refugee crisis. The CBC reports that Canada has promised to resettle 10,000 refugees, but so far has only brought in a little more than 2,300.
Prime Minister Harper told supporters on the 19th in Markham Ontario that humanitarian aid will not suffice, but Canadians and the world need to act militarily in both Syria and Iraq.