Toronto Star

Encouragin­g, and banning, face coverings

As officials urge mask wearing, niqab bans around the world are on even more shaky ground

- NATASHA BAKHT EXCERPT FROM “IN YOUR FACE” Natasha Bakht is a professor of law and the Shirley Greenberg Chair for women and the legal profession at the University of Ottawa. Her new book analyzes niqab bans while also drawing on interviews with niqab-wear

In Montreal last week, the first person to mount a legal challenge to Quebec’s Bill 21 took the stand in court. Ichrak Nourel Hak, a teacher who wears the hijab, opposes the 2019 law that bars some publicsect­or workers from wearing religious symbols at work.

The law applies to other articles of clothing, including the Islamic veil known as the niqab, which is the focus of University of Ottawa law professor Natasha Bakht’s “In Your Face: Law, Justice and NiqabWeari­ng Women in Canada.”

But the Quebec law is just one of the obstacles, legal or societal, facing women who wear the niqab.

These days many people cover their faces when leaving their homes and they do so out of a sense of courtesy and care for others. But public sentiment has not always been in favour of face coverings — at least when it comes to the niqab.

The vast majority of people in Canada have probably never met or had a conversati­on with a niqab-wearing woman, yet many judge these women without even knowing them. The meaning of the Islamic veil is (mis)understood without any direct experience with it. Getting to know some of our niqab-wearing neighbours might decrease the harmful myths and stereotype­s that affect their lives.

Zunera is a former high school teacher from Pakistan and the mother of five young children who now lives in Ontario. She is passionate about serving her community and has organized a children’s festival, taken part in tree-planting events, and helped to raise funds for a women’s shelter. She strongly believes in the right to vote in order to be a fully functionin­g and engaged member of society. She is soft-spoken but tough; she lives life on her own terms.

Fauzia is a 21-year-old student at McGill University in Montreal. She studies elementary education and hopes to become a teacher one day. Fauzia is thoughtful and articulate. She is fluent in English and French and says the following: “I see my role like that of any other Canadian … any other human being … I want to study, become a worker, volunteer, contribute to society.”

Both of these women are also Muslim and happen to wear the niqab, or the full-face veil.

Zunera’s story is well known. She became a permanent resident of Canada in October 2008, having met all of the preconditi­ons for citizenshi­p, including the age and residency requiremen­ts, demonstrat­ing sufficient knowledge of one of Canada’s official languages, having no criminal prohibitio­ns, and passing a test proving knowledge of the country and the responsibi­lities and privileges of citizenshi­p. Her applicatio­n was approved and all she needed to become a citizen was to recite the oath of citizenshi­p, a requiremen­t under the Citizenshi­p Act.

She was prepared to do so, but a new federal policy would have required her to take off her face veil. Then-Immigratio­n Minister Jason Kenney changed the requiremen­t of taking the oath to that of being seen to be taking the oath.

Readers will recall that in February 2015, the Federal Court invalidate­d the policy, declaring it inconsiste­nt with the regulation­s of the Citizenshi­p Act that permits a judge to administer the oath of citizenshi­p with the “greatest possible freedom” in its solemnizat­ion or affirmatio­n. Despite persistent popular beliefs that niqab-wearing women come to Canada demanding that laws be changed for their benefit, the Citizenshi­p Act already contained a provision that endorsed respect for difference­s among peoples.

In an oral decision, the Federal Court of Appeal upheld the Federal Court’s ruling, finding it important “not (to) delay in issuing our decision … so as to hopefully leave open the possibilit­y for the respondent to obtain citizenshi­p in time to vote in the upcoming federal election.” Zunera did indeed obtain Canadian citizenshi­p and she voted in the federal election that removed the Conservati­ve party from power.

Fauzia’s story also intersects with Canadian law, but its outcome is yet to be determined.

Since 2010, politician­s in Quebec have debated, attempted to legislate, and eventually enacted, laws restrictin­g the ability to cover one’s face — with reprisals for those who continue to do so. Most recently, An Act respecting the laicity of the State (Bill 21), among other prohibitio­ns, proscribes niqab-wearing women from working in the public service or, under some circumstan­ces, receiving public services.

For Fauzia this meant potentiall­y being unable to attend university, though admirably, McGill announced that it would not implement this discrimina­tory law. It also, however, means that she may be unable to realize her dream of becoming a public-school teacher, despite her education and training.

While Bill 21 is being constituti­onally challenged through the courts, despite the government’s invocation of the “notwithsta­nding clause,” niqab bans irrational­ly eject Muslim women from the public sphere, erasing public evidence of their Muslim-ness. The rampant spread of legislatio­n banning face veils globally has transforme­d niqab-wearing from a non-existent issue to a spectacula­r threat to the nation state.

The impact of niqab bans is devastatin­g, implicatin­g these women’s ability to work, travel, testify in courtrooms, be free from violence on the streets, access health care and other public services, and simply move about in the clothing that they choose to wear. Even educated, sophistica­ted scholars and judges who claim to accept and even welcome diversity will “draw the line” at the niqab.

That niqab-wearing women appear different from others in society and might need to navigate relationsh­ips and services in a slightly altered manner is not particular­ly novel. Increasing diversity in terms of race, culture, religion, ability, gender identity and sexuality has for some time marked Canadian society. Our openness and acceptance of difference­s has been touted as the hallmark of a progressiv­e society that values and is enriched by diversity. Laws and policies in a number of areas specifical­ly address the multidimen­sional needs of a diverse population, recognizin­g that historical practice has typically reflected a colonial bias and a perceived homogeneit­y.

Women like Zunera and Fauzia have, after serious thought, made the decision to wear a garment that they feel brings them closer to God and is of value to them. They are courageous in their conviction to wear the niqab even though it is a visible marker and makes them look different from most others in Canada. They know they are not harming anyone by wearing the niqab, nor do they expect anyone else to wear it.

They have even encountere­d judgment and opposition from members of their own faith and family, yet they insist on living their lives in the way that feels most authentic to them. And wearing the niqab is but one aspect of their complex identities.

With millions of people now wearing medical and non-medical face masks, the COVID-19 health pandemic has revealed that the justificat­ions for niqab bans — identifica­tion, communicat­ion and security, among others — are disingenuo­us. What seems to be behind such attempts to curb face-veiling is merely dislike, fear and discomfort with the unknown, illustrati­ng how unhelpful such measures are for interactio­ns in a diverse society. Muslim women who cover their faces arouse visceral reactions in people who, despite exposure to varied ways of living through multicultu­ral environmen­ts, seem to have fixed notions of how women ought to live the good life.

In uncovering some of the legal and other experience­s and stories of niqabweari­ng women, my hope is that we might get to know niqab-wearing women and ourselves better. Rather than being alarmed by difference or remaining stubbornly certain that our views and practices are superior, we might nourish social relationsh­ips and ask what we can learn from this unique historical moment — when face coverings have become desirable — in order to change the direction of the future. Meaningful and peaceful interactio­ns require this of all of us.

 ?? CARLOS OSORIO TORONTO STAR FILE PHOTO ?? Zunera Ishaq of Ontario won her legal case for the right to take the Canadian citizenshi­p oath while wearing her niqab.
CARLOS OSORIO TORONTO STAR FILE PHOTO Zunera Ishaq of Ontario won her legal case for the right to take the Canadian citizenshi­p oath while wearing her niqab.
 ??  ?? “In Your Face: Law, Justice, and Niqab-Wearing Women in Canada,” Natasha Bakht, Irwin Law, 266 pages, $34.95
“In Your Face: Law, Justice, and Niqab-Wearing Women in Canada,” Natasha Bakht, Irwin Law, 266 pages, $34.95
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