After 5 years ... a Canadian judge apologizes to a woman who asked her to remove her veil

A judge in the Canadian province of Quebec apologized for refusing to hear the case of a woman from Montreal because she wore a veil, more than 5 years after the incident.

In an online hearing of the Judicial Council in Quebec last Tuesday, a lawyer for the council read out Judge Eliana Marengo's apology to Rania Al-Aloul, and the council is the body responsible for disciplining judges in the province.

Marengo said in her statement that she admitted that she had made a mistake in asking Aloul Aloul to take off her hijab, and that she regrets any inconvenience caused to her, and that she never intended any insult or disrespect.

Statement of apology

The text of the judge’s statement was as follows:

Dear Mrs. Aloul:

On February 24, 2015, you came to court to drop your car confiscation.

At the time, you were wearing a veil.

Since someone is generally not permitted to go to court wearing anything on their head, I asked you if you were wearing a scarf for religious reasons.

You said yes.

Then I stopped the proceedings in order to review the matter in my room and deliberate whether or not you should be allowed to wear the headscarf under these circumstances.

After deliberating for about half an hour, I went back to the courtroom and explained why I wouldn't hear you if you wore a scarf over your head.

Then invite you to consult a lawyer and return to court on the date you choose to discuss this matter further.

Since you did not want to choose a date to return, you immediately postponed the session.

Later, you and others filed complaints against me with the Judicial Council.

In a separate file, the appeals court issued a ruling explaining that you have every right to wear the headscarf in the courtroom, and concluded that I erred in questioning this right.

Of course, I respect this decision, and I acknowledge that I have misinterpreted Section 13 of the Regulations for the Quebec Court, and I intend from now on to apply the principles contained therein.

Although the Judicial Council rejected your complaint, I want you to know that I am sorry for any inconvenience caused by my decision.

I also want you to know that I have never intended to offend you personally or your beliefs.

My reference to hats and sunglasses was simply intended to illustrate how the rules of decency generally apply in the courtroom, and they were certainly not intended to disrespect you or respect your beliefs.

In conclusion, Madam Al-Aloul, I offer you my sincere apologies, and I hope you will accept it.

Accept the apology

The effects came back to me 5 years ago when I stood in the courtroom and recalled what Judge Marengo told her, if she said in a statement accepting the apology, “I remember that day in the courtroom as it was yesterday. I could not imagine that I would be excluded from the justice system in Canada because of my veil. My rights will be taken away because of my beliefs. "

"It was fortunate that the CBC reporter listened to what the judge said that day, and he was the one who spread the news. If not, I would probably never have been able to regain my rights. I would not have known where to go. And maybe it was. Judge Marengo herself has continued to alienate Muslim Quebec women from the justice system. "

"My main goal in seeking justice was to obtain a clearer ruling to the public that I have the right to wear the veil in court, and that anyone who wears religious clothing has the right to do so as well," she added.

According to Al-Aloul's statement, she said, "I was overjoyed by the collective decision issued by the Quebec Court of Appeal that was presented in my favor, not only for me, but for all Quebecers who believe in equality before the law, that the religious beliefs that we sincerely adhere to are rights in democracy." ".

"No one, not even the judge, has the authority to deny us the right," she added. "This ruling sent a strong signal to minorities in the region that human rights are not selective, and Judge Marengo had to exercise her authority based on the highest standards of impartiality and fairness. Despite all this, I was." I will accept her apology to me. "

At the conclusion of her statement, Al-Aloul thanked the judges for reviewing the case and for a positive conclusion, and affirmed her gratitude to the people of Quebec who had defended it, as well as thanked the National Council of Canadian Muslims, which supported her case.

5-year-old case

The events of the controversial case go back to 2015, when Al-Aloul resorted to the Montreal court to retrieve her car, but Judge Marengo told Aloul at that time, "In my opinion, you do not wear appropriate clothes. The court is a secular place and those before it should not wear religious symbols."

The case was suspended after Aloul refused to give up her hijab or hire a lawyer to carry out the task, and Aloul eventually got her car back.

But the story made headlines around the world.

Dozens of people, including al-Aloul, have lodged complaints with the Judicial Council.

The Council rejected Al-Aloul's complaint for technical reasons, but agreed to consider dozens of other complaints related to the matter.

Marengo challenged the Council's authority to examine the complaints, and also sought permission to appeal the decision of the Quebec Court of Appeals that, unanimously, was found to be wrong in preventing the impairment from entering the courtroom.

But in 2018, the Supreme Court refused to hear Marengo's appeal.

Earlier this summer, the Judicial Council sent a letter to the complainants informing them of today's hearing.

"The purpose of this session is to study a settlement proposal from the plaintiffs, including a letter of apology from Judge Marengo to Mrs. Aloul," the letter stated.