Zunera Ishaq's Canadian citizenship process Zunera Ishaq

1 zunera ishaq s canadian citizenship process

1.1 canada (citizenship , immigration) v ishaq
1.2 policy , law
1.3 commentary

zunera ishaq s canadian citizenship process

zunera ishaq came ontario, canada in 2008. in december 30, 2013 zunera ishaq s application canadian citizenship approved citizenship judge. completed citizenship test in november 2013. final step swearing in ceremony take oath of citizenship scheduled january 14, 2014.

however, ishaq unwilling comply removal of face coverings when taking oath of citizenship @ public citizenship ceremony administered under citizenship act, rsc 1985, c c-29, because betray religious faith sunni muslim. filed judicial review asking federal court enjoin immigration officials applying these provisions of manual @ citizenship ceremony.

sections 19 , 20 of citizenship regulation states in normal course oath of citizenship given in canada taken in citizenship ceremony hosted in public before citizenship judge appointed governor in council pursuant section 26 of act. in december 2011 policy added requires candidates wear full or partial face coverings remove them during recitation of oath.

on september 15, 2015 justice department lawyer peter southey explained federal court of appeal while controversial edict banning niqāb regulation had no actual force in law, , government never meant make mandatory women remove face coverings citizenship ceremonies, indicates desire in strongest possible language. southey further explained immigration minister conceding not impose mandatory rule in guideline purposes of appeal.

harper s administration seeking change law make illegal wear face covering during citizenship ceremony.

canada (citizenship , immigration) v ishaq

in september 15th, 2015 in case canada (citizenship , immigration) v ishaq, 2015 fca 194, 3 judges — justices johanne trudel, wyman webb , mary gleason, appointed stephen harper — ruled in favour of ishaq saying wanted proceed obtain citizenship in time vote in oct. 19 federal election. justices dismissed minister of citizenship , immigration s appeal , confirmed federal requirement unlawful.

find appellant has not demonstrated refusing application stay result in irreparable harm public interest. suffices dispose of appellant’s motion stay.

madam justice johanne trudel 1 of 3 judges denied appeal jason kenney on behalf of department of citizenship , immigration of federal court ruling in ishaq’s favour.

further judges found in canada v ishaq,

[20] presuming appellant right policy @ issue not mandatory , citizenship judges can apply or not — use appellant’s language expressed counsel @ hearing of appeal, policy merely amounts encouragement in strongest language possible — how can 1 raise claim of irreparable harm?

in october 2015, federal government under harper asked supreme court of canada take case , pleaded federal court of appeal suspend ruling in meantime. on november 16th, 2015 justice minister wilson-raybould formally withdrew court challenge first act minister.

policy , law

on march 10, 2015 prime minister stephen harper explained reason conservative government fighting ban niqāb during canadian citizenship ceremonies is rooted in culture anti-women.

in quebec in june 2015 prime minister stephen harper addressed crowd claiming canadians want new citizens take oath faces uncovered.

under current canadian laws, minister jason kenney not have power unilaterally fetter discretion of citizenship judges. however, harper administration pass legislation enshrine ban in law. if should happen next step test law standards of canadian charter of rights , freedoms – standard seem difficult ban meet , result in charter challenge.

commentary

alia hogben, executive director of canadian council of muslim women, argued based on survey of 80 women in ontario, canada wear niqāb, of them agreed uncover face when necessary security or identification reasons. hogben explained women not required under islam cover faces, , none of women in organization wear niqābs.

scholar lara mazurski writes debate recycles tired orientalist tropes , reinvigorates stereotypes veiled muslim women post september 11 . muslim women stereotyped subordinated , victimized, women in full-face veils envisioned backwards , inferior .

journalist barbara kay argues fallacious compare niqāb other cultural or religious symbols such sikh turban (dastar), wimple of nun or long skirts worn orthodox jewish women these not cover face. kay dismissed religious faith argument since not devout muslim women wear niqāb; banned in islamic countries in voting not in islamic countries; , virtually islamic scholars have noted sharia not demand face cover.