Rania El-Alloul hijab ruling draws complaint against Quebec judge

A Montreal resident has filed a complaint against Quebec Judge Eliana Marengo over her decision not to hear the case of a Muslim woman because she was wearinga hijab.

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Rania El-Alloul appeared in Quebec court Feb. 24 in an attempt to recover her vehicle, which had been seized by Quebecs automobile insurance board, the SAAQ.

Marengo refused to hear El-Allouls testimony unless she removed her hijab, which El-Alloul would notdo.

In his complaint to Quebecs judicial council, Jean-Pierre Lussier says Marengos decision was decried by many citizens, politicians and groups that support the protection of civil rights across Canada.

Lussier, who doesn't know El-Alloul, saysthat many people were surprised by the rigidity of the judge.

The judicial council, an independent body officiallyknown as the Conseil de la magistrature, is mandated to examinecomplaints related tothe conduct ofjudges.

The council will do an initial review, and if it decides the complaint should be investigated further, it will look into the events that led to the complaint, according to its website.

If deemed necessary, the judicial council will then set up an inquiry committee, which will "decide if any sanctions should be imposed.

El-Alloulis considering legal action as well, but is meeting with lawyers andhasn't made a final decision.

Fo Niemi, the director of Montreal's Centre for Research Action on RaceRelations, said he will also file a complaint with the judicial council. But he added that it's inherently difficult to challenge judges on their ethics.

Hijab controversies in courts

El-Alloul was not the first woman in the Montreal area asked to remove her hijab during court proceedings, nor is the complaint filed on her behalf the first complaint of that nature.

On Nov. 29, 1993, Judge Richard Alary, of the municipal court of Longueuil, Que., asked a womanto take off her hijab.

When she refused, he dismissed the case on the basis that all rules of the court must apply to everyone equally.

She filed a complaint against Alary to Quebecs judicial council.

At that time, according to Radio-Canada, popular opinion in the legal community sided with the woman who was dismissed from court, but ultimately, the council sided with the judge.

Complaint dismissed

The committee found the scarf on the womans head was not part of her religious beliefs.

The woman had already appeared twice in front of the court without the hijab,althoughAlarydidnt know this when he postponed her day in court,

In the disciplinary committees decision, it found thatthe judgeacted in good faith, in accordance with the rights of individuals, taking into account the operating rules of the court.

But the disciplinary committee also said in its judgment that judges have an obligation to find "reasonable accommodations"when a court faces the religious beliefs of an individuals.

Welfare status

Meanwhile, acrowdfunding campaign to buy El-Alloul a new car continued to gain traction through the weekend.It hadraised almost $44,000 as of Monday morning.

While El-Alloul said she was grateful for the support, there's also a possibility taking the money or the car could jeopardize her status as a welfare recipient, according to one expert.

"Welfare is going to say, 'Well, you're too rich to get welfare,'" HansMarotte, a lawyer specializing in welfare and unemployment benefits, told CBC News.

"They're going to consider all the money that you receive from any source."

A friend of the family has helped them find a replacement car. El-Alloul is supposed to get her own vehicle back by the middle of the month.