Quebec's face-covering law heads for constitutional challenge

Civil libertiesadvocates have launched a legal challenge over the constitutionality of Quebec'sface-covering ban, arguing it "directly infringes on the freedom of religion of individuals."

The law passed last month requires people to uncover their face to receive public servicesunder certain circumstances.

The legal challenge, filed Tuesday in Quebec Superior Court, contests a section of the province'sreligious neutrality law under both Quebec's Charter of Human Rights and Freedoms andthe Canadian Charter of Rights and Freedoms.

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"Such blatant and unjustified violations of freedom of religion, as well as of the quality guarantees of the Quebec and Canadian charters, have no place in Quebec or Canada," the plaintiffs argue in a court filing.

"These violations cannot be justified in Quebec's free and democratic society."

The National Council of Canadian Muslims, the Canadian Civil Liberties Associationand WardaNaili, a Quebec woman who converted to Islam and wears a niqab, are also plaintiffs in the case.

She is referred toin the legal challenge by her birth name,Marie-Michelle Lacoste.

'Living in fear'

At a news conference, Nailisaid the legislation has emboldened anti-Muslim sentiment and she has been "living in fear" since the law was passed.

She saidshe would be "humiliated" if she were forced to remove herniqabfor longer than"absolutely necessary."

Another woman named in the suit, Fatima Ahmad, saidshe has no problem removing herniqab briefly "in order to identify myself," as she doesto get her student ID photo for the bus orif she is being examined at the doctor's office.

Butthe Montreal-born McGillUniversity student saidshe is concerned the new rules will limit her ability to use public services, including the bus and the library, and attend university.

"I am devoted to wearing the niqab, so removing it in public would make me feel like I am not acting in accordance with my religious beliefs," Ahmadsaid in anaffidavit.

"I was shocked that the government had thought it necessary to regulate the deeply personal religious choices of a small minority of women in Quebec."

Ihsaan Gardee, executive director of the National Council of Canadian Muslims, said at the news conference the law was another example of politicians targeting the Muslim community for "electoral gain."Thenext provincial election is slated forOctober 2018.

Quebec Justice MinisterStphanieVallemaintains the law is neededfor communication, identification or security reasons.

The law,Valleargued, represents a "well-balanced response" to a debate over the reasonable accommodation ofminoritiesthat has been ongoingin the province for the past 10 years.

Last month, in the face of mounting criticism and confusion, she laid out guidelinesfor when it should be applied.

Feds 'committed to upholding rights'

On Tuesday,Valletold reporters she was confident the law wouldsurvive a court challenge, but she didn't rule out invoking the notwithstanding clause in the Canadian Constitution.

While opinionpolls suggest Quebecers were in favour of a law on religious neutrality, the practical application has been more problematic.

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The banwaspanned by Quebec's association of municipalities, as well as both outgoing Montreal mayor Denis Coderre and mayor-elect ValriePlante. The premiers of Alberta and Ontario have also denounced the law.

Prime Minister Justin Trudeau hassaid governments shouldn't tell womenwhat they can and cannotwear.

On Tuesday, Attorney General Jody Wilson-Raybouldsaid the federal government is "aware that an application has been filed in Quebec and we are reviewing it carefully."

"I am committed to upholding the rights of all Canadians under the Charter of Rights and Freedoms," she said in a statement.

Jean-FranoisLise, the head of thePartiQubcois, which has pressed for an even stronger religious neutrality law,called the court challenge "extremely predictable."

For his part, Premier Philippe Couillardmaintained the law was crafted to be in compliance with both the provincial and Canadian charters. CatherineMcKenzie, the lawyer for the plaintiffs, disagrees.

"We feel that there is fairly clear case law from the Supreme Court of Canada saying that those types of choices are a violation," she said.