No freedom is absolute, including freedom of religion, and the judge’s example of a monk not willing to break his silence to state the oath doesn’t wash and doesn’t merit accommodation. People are free to make choices, choices often have trade-offs.
It is one of the requirements of living in The policy didn’t sit well with Ms. Ishaq, a Pakistani national and devout Sunni Muslim, who says her religious beliefs obligate her to wear a niqab. While she did not object to unveiling herself in private so that an official could confirm her identity before taking the citizenship test, she drew a line at unveiling herself at the public citizenship ceremony.
Aaron Vincent Elkaim for National PostZunera Ishaq stands for a portrait in her home in Mississauga on Wednesday February 11, 2015.
“I feel that the governmental policy regarding veils at citizenship oath ceremonies is a personal attack on me, my identity as a Muslim woman and my religious beliefs,” she told the court.
Her lawyers also pointed out that while the Citizenship Act requires people to take the oath, it does not require them to be “seen” taking the oath.
She rejected a government offer to seat her at the front or back of the ceremony so her face would not easily be seen.
In a ruling last week, Judge Keith Boswell said the government’s own regulations require that citizenship judges administer the citizenship oath “with dignity and solemnity, allowing the greatest possible freedom in the religious solemnization or the solemn affirmation thereof.” How is this possible, Judge Boswell asked, if a policy requires citizenship candidates to “violate or renounce a basic tenet of their religion?”
“For instance, how could a citizenship judge afford a monk who obeys strict rules of silence the ‘greatest possible freedom’ in taking the oath if he is required to betray his discipline and break his silence?” he wrote.
The government had argued that the policy was not mandatory and that citizenship judges were free to apply it or not.
But the judge cited internal department emails stating that it was “pretty clear that [the Minister] would like the changes to the procedure to ‘require’ citizenship candidates to show their face … regardless of whether there is a legislative base.”
The judge also cited a media interview in which Mr. Kenney said it was “ridiculous” that a face should be covered during the citizenship oath.
Woman asks to be sworn in as citizen as soon as possible after overturn of policy requiring her to remove niqab
And further faulty reasoning in the National Post editorial:
Lawfulness aside, the probation was always on weak footing both on practical and moral grounds. There are cases where security or identification concerns rightfully trump the religious practice: for example, when taking a driver’s license photo or going through airport security. Muslim women are also sometimes required — on a case-by-case basis — to remove their veils while testifying in court, thereby allowing a defendant to face his or her accuser. No such practical justification has been offered for banning the niqab during a largely symbolic swearing-in ritual.
To be sure, Canadian society is predicated on the concept of equality for all — regardless of gender, race, sexual orientation and so forth — and it’s difficult to reconcile that fundamental value with the custom of members of one sex obscuring their faces in public. Nevertheless, Muslim women in Canada are free to wear — or not to wear — a niqab while shopping at the grocery store, teaching a lecture or simply walking down the street. To prohibit them from wearing a face covering during a citizenship oath is as illiberal in its way as requiring them to wear one. It is an arbitrary application of a pointless ban, and the court was right to strike it down.
National Post View: Court was right to strike down niqab ban during citizenship ceremony
Not surprisingly, the Government will appeal the ruling. Not by accident, PM Harper makes announcement rather than CIC Minister Alexander, in Quebec, as noted by John Ivison: Harper’s ‘offence’ at niqab ruling part of larger strategy to steal Quebec from the NDP):
Speaking at an event in Quebec on Thursday, Harper said the government intends to appeal the ruling.
“I believe, and I think most Canadians believe that it is offensive that someone would hide their identity at the very moment where they are committing to join the Canadian family,” he said in Victoriaville, Que. “This is a society that is transparent, open, and where people are equal.”
Harper says Ottawa will appeal ruling allowing veil during citizenship oath