26 February 2018

Judge who ordered woman to remove hijab loses bid to quash investigation

After more than 3 years, disciplinary investigation into Judge Eliana Marengo's conduct will begin at last

The Quebec Court judge who refused to hear the case of a woman unless she removed her hijab in the courtroom has lost her latest bid to try to quash a disciplinary investigation into her conduct.

That means more than three years after Judge Eliana Marengo told Rania El-Alloul to remove her hijab, an investigation by a special committee of the Quebec Council of the Magistrature can begin at last.

Marengo tried to block that investigation in court, arguing the council didn't have proper jurisdiction to investigate.

In a decision last Thursday, the Quebec Court of Appeal upheld a lower court ruling that the council's special committee does indeed have jurisdiction to look into complaints filed against Marengo.

"The continuation of the investigation by the committee, while constituting a delicate exercise, is the only possible avenue for justice to be rendered in an informed manner," wrote the panel of three justices in the decision. [CBC/Radio-Canada] Read more