Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 DECEMBER 2018

Wearing A Hijab In Quebec Courtrooms

Langlois Avocats
Explore more from Langlois Avocats

The Quebec Court of Appeal recently reminded us, in the matter of El-Alloul v. Procureure générale du Québec, that the Canadian Charter of Rights and Freedoms protects the right to freedom of religion ...

CanadaGovernment, Public Sector
Sean Griffin
Sean Griffin
Author LinkedIn connections

The Quebec Court of Appeal recently reminded us, in the matter of El-Alloul v. Procureure générale du Québec1, that the Canadian Charter of Rights and Freedoms (the "Charter") protects the right to freedom of religion to the extent that the exercise of that right does not conflict with or harm an overriding public interest, including another Charter-protected right.

It started off as a seemingly mundane case. On February 24, 2015, Ms. El-Alloul appeared before the Court of Québec to recover her motor vehicle, which had been seized when her son was driving it without a licence. However, the judge refused to hear her, as she was wearing a religious head scarf (a hijab) in the courtroom. According to the judge, this was contrary to section 24 of the Regulation of the Court of Québec2 (the "Regulation"), which provides that every person present in the courtroom must be "suitably dressed".

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

New Act Respecting Contracting By Municipal Bodies: How To Secure Your Bids

Effective April 1, 2026, Quebec's Act respecting contracting by municipal bodies fundamentally transforms how municipal contracts are awarded, moving beyond the traditional lowest-price model to embrace qualitative evaluation criteria including environmental practices, life cycle costs, and contractor performance history. Municipal bodies now have eight award procedures to choose from, along with new pre-tender processes that can limit competition to prequalified enterprises. Contractors must adapt their te
CanadaGovernment, Public Sector
BCF Business Law
BCF Business Law
Article

Building Momentum: Canada Advances Major Projects Under The Building Canada Act

The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ
CanadaGovernment, Public Sector
McMillan LLP
McMillan LLP
Article

Building Canada: Investing In Major National Projects

Canada is experiencing a surge in infrastructure investment driven by streamlined regulatory approvals, enhanced government financing mechanisms, and growing demand for energy and digital infrastructure. This guide examines the evolving legal and regulatory landscape that foreign investors must navigate to successfully structure, finance, and develop major projects across the country.
CanadaGovernment, Public Sector
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

Bill C-39: A New Framework For Federal Collective Labour Relations

Bill C-39, the Building Canada Strong Act, proposes significant amendments to the Canada Labour Code that will reshape collective bargaining timelines, ministerial intervention powers, and union certification processes for federally regulated employers. The legislation introduces new conditions for government intervention in labour disputes, accelerates bargaining deadlines for certain collective agreements, and expands obligations for airport service providers.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Projet de loi C-39 : vers un nouvel encadrement juridique des rapports collectifs de travail au fédéral

Le projet de loi C-39 propose des modifications majeures au Code canadien du travail qui transformeraient les relations de travail dans les milieux syndiqués de compétence fédérale. Ces changements incluent un nouvel encadrement des interventions ministérielles, des négociations collectives plus hâtives et une prolongation du processus de conciliation.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Access To Information: The Court Of Québec Rules On The Scope Of Section 22 Of The Access Act

The Court of Québec has clarified the interpretation of section 22 of Quebec's Access to Information Act, determining that public bodies need not prove "economic loss" when refusing document disclosure. The ruling addresses whether universities and other public institutions can withhold pedagogical materials and technical information when disclosure might cause losses or benefit third parties, establishing a new standard for applying access to information exceptions.
CanadaGovernment, Public Sector
Langlois Avocats
Langlois Avocats