Case put off for judge who refused to hear woman because of her hijab
A panel of judges was prepared to hear the matter of a Quebec Court judge who refused to hear the case of a woman wearing a hijab over four years ago. But the case was put off again.
Quebec Court Judge Eliana Marengo is before the Council of the Magistrature which hears cases involving the conduct of judges and disciplinary matters.
Marengo told Rania El-Alloul in February 2015 that she would not hear her case - a routine traffic issue - unless she took off her hijab. Marengo said it was inappropriate, comparing it to wearing a hat or sunglasses in court and cited a regulation on court decorum.
Rania El-Alloul refused to take it off and her case was never heard.
It's taken this long to get to this point because Marengo has tried to prevent the hearing. She went to court arguing the council had no jurisdiction. The legal battle ended last December when the Supreme Court of Canada refused to hear the case.
Now Marengo's lawyer is arguing bias in the case, demanding the panel of judges and the lawyer for the council recuse themselves.
The panel dismissed the motion which prompted Marengo's lawyer to appeal.
The case is back in court in two weeks.
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