.... Amongst the (anglophone) chattering classes a consensus has formed that the challengers will win on constitutional grounds, in that women have a Charter right to dress as conscience dictates.
“Dress.” There’s the constant rub. I hope the court will see the difficulty here. While I make no comparison whatsoever as to motivation or purpose, to me, the niqab is no more an article of clothing than a KKK costume. Both are cause-rooted uniforms, draped over clothing, designed to embody a strong message.
The court should consider the impact of that message on fellow citizens in situations where, like in the giving and getting of public services, they cannot choose their interlocutor. The message is conveyed whether or not the costumed individual underestimates or misunderstands its full significance.
.... That there are relatively few niqabs in Canada is neither here nor there as a matter of principle. It seems to me strange and hypocritical that we see no problem in repressing even infrequent messaging associated with racism. But, fearful of being perceived as Islamophobic, we won’t endorse action against messaging that emblemizes gender apartheid. [National Post] Read more
