Judge suspends Quebec face-covering ban, says it appears to violate charter

The portionof Quebec's religious neutrality law that dictateswhenQuebecers must leave their faces uncovered in order to receive public services has been suspended for a second time, only days before it was slated to go into effect.

Quebec Superior Court JusticeMarc-AndrBlanchard issued the ruling Thursday, handing another victory to civil liberties groups that argue the law discriminates against Muslim women who wear niqabsor burkas.

Blanchard said Section 10, which pertainsto face coverings, appears to be "a violation" of the Canadian and Quebec charters, which "provide for freedom of conscience and religion."

The judge concluded that "irreparableharm will be caused to Muslim women" if the relevant section of the law had gone intoeffect on July 1.

He ordered Section 10 suspended until a challenge to the law is heard in court.

The same portion of the law was suspended in December.

In that ruling, anotherQuebec Superior Court justiceordered the provincial government to produceaccommodation guidelines dictatinghow the restrictions on facecoverings would work in practice.

Those guidelines are slated to go into effect July 1, but the sections on face coverings will now no longer apply.

The civil rights groups challenging the law arguedthe guidelinesplace a greater burdenon the individuals affected.

"We're very happy with the decision," said Catherine McKenzie, who was part of thelegal team that challenged the law's constitutionality on behalf ofWardaNaili, a Quebec woman who wears aniqab.

"This law has an important impact on women who cover their faces for religious reasons. Women were going to be potentially cut off from very basic services so it was important for us to ask for the law to be stayed again."

A spokesperson for JusticeMinisterStphanieValle, who has been the point person on the law,said the government is analyzing the judgment and that it is still within the 30-day appeal period.

'Confusion and uncertainty'

In his ruling,Blanchard also noted there is still "confusion and uncertainty" about how the process will work.

The guidelines, released in May, state thatexemptions to the law,previously known as Bill 62,can only be granted to individuals on religious grounds if the demandis serious, doesn't violate the rights of others and doesn't impose "undue hardships."

The Quebec governmentleft it up toindividualpublic bodies, however, to decide how to handle accommodation requests, and requires each body to appoint an official to make those decisions.

When the guidelines were announced in May,Vallesaid each request needs to be taken in its own context.

"If a person wearing a burka or a niqab wants to make a request, that request will be processed," saidValle.

"It would be determined on a case by case [basis], following a request. Is this someone who has a sincere belief who is wearing this piece of clothing regularly, in their daily life, or if the request is being put forward with the aim of getting an advantage."