Zunera Ishaq

Canada (Citizenship and Immigration) v Ishaq

In September 15th, 2015 in the case Canada (Citizenship and Immigration) v Ishaq, 2015 FCA 194, the three judges — Justices Johanne Trudel, Wyman Webb and Mary Gleason, who were all appointed by Stephen Harper — ruled in favour of Ishaq "saying they wanted to proceed quickly so that she could "obtain her citizenship in time to vote in the Oct. 19 federal election. The Justices dismissed the Minister of Citizenship and Immigration's appeal and confirmed that the federal requirement is unlawful.

Madam Justice Johanne Trudel was one of three judges who denied the appeal by Jason Kenney on behalf of Department of Citizenship and Immigration of a Federal Court ruling in Ishaq’s favour.

Further the judges found in Canada v Ishaq,

Policy and the law

On March 10, 2015 Prime Minister Stephen Harper explained that the reason the Conservative government is fighting to ban the niqāb during Canadian citizenship ceremonies is that it is "rooted in a culture that is anti-women."

In Quebec in June 2015 Prime Minister Stephen Harper addressed a crowd claiming that Canadians "want new citizens to take the oath with their faces uncovered."

Under current Canadian laws, Minister Jason Kenney "does not have the power to unilaterally fetter the discretion of citizenship judges."

While the Conservative Party of Canada supported banning face covering only during citizenship ceremony, the Bloc Québécois supported banning the face covering during citizenship ceremony and voting.

Polling found widespread support for banning face covering during citizenship ceremony. A survey by Léger Marketing found 82% of Canadians favoured the policy somewhat or strongly, with just 15% opposed. Support was widespread, but especially strong in Quebec, where 93% were in favour of the requirement.

Commentary Alia Hogben, executive director of the Canadian Council of Muslim Women, argued that based on their survey of the 80 women in Ontario, Canada who do wear the niqāb, all of them agreed they would uncover their face "when necessary for security or identification reasons." Hogben explained that "women are not required under Islam to cover their faces, and none of the women in her organization wear niqābs." Kay also dismissed the "religious faith" argument since not all devout Muslim women wear the niqāb; it is banned in some Islamic countries but not in all Islamic countries; and virtually "all Islamic scholars have noted that Sharia does not demand face cover."