Niqab ruling to be appealed to Supreme Court, Tories say

Conservatives doubled down on their position that women should not wear face coverings during citizenship ceremonies, saying the government would take the matter to the Supreme Court, while vowing to reintroduce the niqab ban within 100 days of re-election.

On Tuesday, theFederal Court of Appeal dismissed the government's appeal of an earlier Federal Court ruling thatdeclared the ban on face coverings at such ceremonies was unlawful.

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The decision stemmed from the case ofZuneraIshaq, a 29-year-old woman with devout Muslim beliefs who came to Ontario from Pakistan in 2008. Sherefused to take part in a citizenship ceremony because she would have to show her face under a ban introduced in 2011.

The three-judge panel ruled from the bench, saying they wanted to proceed quickly so that Ishaq could obtain her citizenship in time to vote in the Oct. 19 federal election.

One of Ishaq's lawyers, Marlys Edwardh, said the Immigration Department would be contacted this week so she could attend a citizenship ceremony accompanied by her lawyers "just in case."

New legislation promised

The Conservative campaignmoved swiftly on Wednesday, liningup key Tory heavyweights toreasserttheir position on the niqab, less than 24 hours after suffering the latest in aseries of losses before the courts.

Chris Alexander issuedaone-line statement saying the government will seek leave to appeal the case to the Supreme Court of Canada.

In June, with days to go before Parliament adjourned for the summer, the Conservatives proposedlegislation requiringall would-be Canadiansto show their face while taking the oath of citizenship.TheOath of Citizenship Actdied on the order paper.

DenisLebel,Stephen Harper's lieutenant in Quebec, said during a morningnews conference in Trois-Rivires, Que., that a re-elected Conservative government would reintroduce legislation within the first 100 daysto ban the niqab during citizenship ceremonies.

Lebel said that citizenship isn't just a privilege, but also bringswith it the responsibility to clearly identify oneself when taking the oath.

"When a government tables legislation, it's more than just desire," Lebel said. "We have the political belief that this is the way it has to be."

• Niqabban at citizenship ceremonies unlawful, as Ottawa loses appeal
• Niqabcontroversy: Judge struck down ban without referring to charter

Jason Kenney, who first issued the policy directive in 2011 when he was immigration minister, defended the niqabban andthe government'sdecision to take the matter to the Supreme Court, saying itwas consistent with the view held by the majority of Canadians.

Like the vast majority of Canadiansincluding I think the vast majority of Muslim CanadiansI do not believe that the public declaration of your loyalty to your fellow citizens should be obscured or hidden. Jason Kenney, Conservative candidate in Calgary-Midnapore

"I'm proud to have made the decision to underscore the public nature of the citizenship oath," Kenney said during a news conference in Calgary Wednesday morning.

"Like the vast majority of Canadiansincluding I think the vast majority of Muslim CanadiansI do not believe that the public declaration of your loyalty to your fellow citizens should be obscured or hidden.

"I think it's entirely reasonable to ask, for those 30 seconds, that someone proudlydemonstrate their loyalty to Canada." Kenney said.

While the niqab ban waspopular in some parts of Quebec, both the federal New Democrats and Liberals have come out against it.

On Wednesday, Liberal Leader Justin Trudeaucriticizedthe Conservativesfor using this as a wedge issue in the middle of a federal campaign.

"In any situation where a government chooses to limit or restrict individual rights or freedoms, it has to clearly explain why. This government has not done that," Trudeau said during a campaign stop in Calgary.

"It is continuing with the politics of division and even fear and that's notworthy of a country as diverse and extraordinary as Canada."

Trudeau saidthe heart of the debate wasthe issueof protecting minority rights.

NDP Leader Tom Mulcair, who isalso in Calgary preparing for Thursday's upcoming leaders' debate,didnot have any campaign events scheduled for the day.