Investigation into conduct of judge who ordered woman to remove hijab suspended

More than two years after dozens of complaints were filed against a Quebec court judge who refused to hear the case of a woman unless she removed her hijabin the courtroom, an investigationinto the judge's conduct has been suspended.

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Judge Eliana Marengois challenging the legitimacy of the Council of the Magistrature the body charged with supervising the conduct of judges in Quebec.

Marengo is arguing the council doesn't have jurisdiction to investigate her conduct in this case.

Until that'ssettled, the Council of the Magistrature says its investigation of Marengo's conduct must be puton hold.

Compared Muslim headscarf to hat, sunglasses

The story of how Judge Marengohandled the case of Rania El-Alloulmade international headlines.

El-Alloul was in court in February 2015 for a fairly routine hearing to get her car backafter it had been seized by Quebec's automobile insurance board, the SAAQ.

Before the hearing even began, Marengotold El-Alloul she would not hear her case unless El-Alloulremoved her headscarf.

Marengo contendedthe courtroom was a secular space, comparing the hijab to a hat and sunglasses, items which are not normallyallowed to be wornin a courtroom.

El-Alloul refused to remove her hijab,and her case was never heard.

Dozens of complaints

The case sparkedoutrage across the country, with many lawyers offering to represent El-Alloul, and strangers offering to cover her legal bills.

El-Alloul along withdozens of other Canadian,most of whom hadno connection to the case complained tothe Council of the Magistrature.

Some of those complaints, includingEl-Alloul's, were rejected by the council on procedural grounds.

In February2016, the council decided to form a committee to investigate 28 remaining complaints.Marengo is challenging the legitimacy of that investigation.

'Serious breach of judicial independence'

Court documents show Marengoargued before the council that her request forEl-Alloul to remove her hijabamounted to a judicial decision.

Marengo contendedthat if that decision is to be challenged, it should be through an appeal filed with the court, and not througha disciplinary investigation by the Council of the Magistrature.

Marengo argued the council has no jurisdiction to overturn judge's decisions, thereforeits review of the case amountsto "a serious breach of the principle of judicial independence."

Marengomounted a legal challenge of the council's decision to study the 28 complaints. In a decision released in February 2017, a Quebec Superior Court justice sided with the council. Marengo then appealed that ruling.

Earlier this month, the Quebec Court of Appeal agreed to hear the case, but no hearing date is likely before the fall.

In the meantime, the council's investigation into all the complaints against Marengois on hold.

"The proceedings before the council are suspended," saidEsther Boivin, a spokesperson for the Council of the Magistrature, said in an email to CBC.

"The committee will resume its work if the superior courts confirm its competency in this regard."

Delay called 'ridiculous'

Sue Bauman lives in Toronto and has no direct connection to the case, but she filed a complaint with the Council of the Magistrature anyway.

"A woman wearing a scarf on her head is not something that's objectionable or should be considered improper dress," Baumantold CBC.

Baumansaid the the delay in processing her complaint is frustrating.

"I cannot believe that this matter has still not gone to a hearing. It's ridiculous," Bauman said.

"It's not a complicated fact scenario. There's not any more information that they need to gather. There's a transcript and an audio recording of what happened," she continued.

"Have a hearing! Quickly. Now. Tomorrow. No delays. Have a hearing."

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