The Federal Court of Appeal has upheld a decision that the government's policy banning new Canadians from wearing face-coverings also known as a niqab while taking their citizenship oaths is illegal.
Citizenship and Immigration Canada tried to support the policy On the first day of the hearing, the appeal court dismissed their case almost instantly, saying they wanted to ensure that the woman who launched the lawsuit could take her oath in time to vote in the federal election next month.(October 19th 2015)
On Wednesday, the federal government said that they will challenge to the Supreme Court of Canada.
The lawsuit was brought forward by Zunera Ishaq, a Pakistani woman who has been a Canadian permanent resident since 2008. She refused to remove her niqab during the citizenship oath because it would violate her religious belief that her face and hair must be covered in the presence of men.
According to the Canada's federal court the policy was "unlawful" and goes against Canadian law. Citizenship judges must allow broad religious freedom for new Canadians taking the oath.
Lorne Waldman, who was the defender's lawyer said ; "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." he said. "The fact that the court today unequivocally confirmed that the policy was unlawful was very satisfying."
Prime Minister Stephen Harper vehemently opposed the lower court's decision to strike down the ban, telling reporters earlier this year that it's "offensive that someone would hide their identity at the very moment when they're committing to join the Canadian family."
Photo by Ifrah Akhter on Unsplash
