Ex-immigration minister Jason Kenney ‘dictated’ niqab ban at citizenship ceremony, court told

I’m with the Government and Kenney on this one.

Not for the stated reason that this allows the citizenship judge and officials to ascertain that the oath is being said (one can mouth the words or move one’s lips with different meanings, and impossible, unless blatant, to closely monitor each and every individual in a ceremony with typically 50 people).

But rather, that becoming a citizen means becoming part of the Canadian society and community, and the niqab is essentially a symbol of rejection of broader participation in the community.

Accommodation requires flexibility on both parties and Ishaq was given the opportunity to be seated in a less visible location:

Government lawyer Negar Hashemi said the case is about finding the “right balance” between respecting differences and maintaining Canadian core democratic values.

The niqab ban, she said, is part of a larger scheme to ensure everyone vows loyalty to Canada. Other non-veil-wearing candidates caught not doing so, such as elderly people with language difficulties, can also have their citizenship certificates withheld.

“There is no hidden agenda in this case,” she said.

Hashemi said Ishaq did not seek accommodation prior to her scheduled citizenship ceremony and declined the offer to take her oath at the front or the back of the citizenship court after the legal action was initiated.

She noted that the applicant unveiled herself to have her driver’s licence photo taken, and the brief unveiling at a citizenship ceremony would be no different.

“She had a choice of becoming a citizen or adhering to her religion,” said Hashemi. “Becoming a citizen is a privilege, not a right.”

Lorne Waldman, a co-counsel for Ishaq, said the Citizenship Act does not stipulate that a candidate must be seen or heard taking the oath — something witnesses for the immigration department agreed is hard to enforce and ensure.

“This policy was dictated by the immigration minister Kenney that there had to be a change, and there’s no willingness to provide any accommodation,” said Waldman, adding that officials confirmed there are fewer than 100 cases a year across Canada where someone wears a niqab to the ceremony.

Ex-immigration minister Jason Kenney ‘dictated’ niqab ban at citizenship ceremony, court told | Toronto Star.