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At the center of the debate is Zunera Ishaq, a Pakistani woman who has delayed her citizenship ceremony since 2013, arguing that the requirement to remove her veil during the oath violates her rights under the Canadian charter. The reinstated policy means that unless she does so, she'll now have to wait until at least the fall for a chance to become a Canadian citizen—that is, if the case doesn't end up at the Supreme Court."From my point of view it's problematic because there is a judge in the federal court who has found the policy to be illegal. And while a stay means that the judgement does not come into effect, I think it casts doubt on the legal validity of the policy," says Ishaq's lawyer Lorne Waldman.Currently a female citizenship official can confirm the identity of a female citizenship candidate in private. But once verified, the candidate must also remove her veil during the oath ceremony in front of a room full of others. If she doesn't, she cannot receive her citizenship.Citizenship and Immigration Canada spokesman Remi Lariviere says the policy will remain in place pending the outcome of the appeal. "Given the enormous rights and privileges that come with being a Canadian citizen, it is reasonable for a citizenship judge to be able to see and hear a citizenship candidate affirm the Oath of Citizenship," he wrote in an email.
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On the day of her citizenship ceremony, Zakira Jogiat, 29, knew she was fortunate to be becoming Canadian. Jogiat came here from South Africa in 2005 and became a Canadian citizen in 2010. But it wasn't until a year later—when then immigration minister Jason Kenney introduced a ban against wearing the niqab while performing the citizenship oath—that she realized just how lucky she was.Jogiat was one of the last women in Canada to take the oath while wearing her facial veil before the new rule—something that now seems like a distant possibility."Prior to the ban, I never had to choose between my religious obligations [or] choices and my identity as a Canadian. That is not a choice anyone should be forced to make," she says.Jogiat says that for the government to implement a policy based on what some within it deems offensive is itself "un-Canadian.""It's like there's this long checklist; that in order to be Canadian you have to dress in a certain way and if you don't meet these requirements, no citizenship for you," she says.For Mohammed Ayub Khan, a political science researcher at McMaster University, one thing is for sure: The niqab debate will only grow louder ahead of the federal election. He suggests it will likely force all of Canada's major political parties to take a clear position on just what it means to be Canadian.
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But exactly why the niqab—worn by only a tiny minority of Canadian women—has attracted such widespread attention is raising questions."Somehow, all of a sudden, this is a priority for Stephen Harper," says the Liberal candidate for Mississauga Centre, Omar Alghabra."This is part of an attempt at tapping into a suspicion and the discomfort that some people may have and embellishing them and pretending to be a champion of their fear," he says.Whether the Appeal Court will rule to uphold or overturn Ishaq's February win is anyone's guess. But her lawyer isn't ruling out any options. He says it's quite possible that September's expected hearing won't be the last we hear about the niqab and that the unsuccessful party might appeal further."This is the type of case that might end up at the Supreme Court for sure," Waldman says.In the meantime, despite the misconceptions that Jogiat says remain about the niqab, she's glad to see Ishaq isn't backing down from the chance to wear her veil when she becomes Canadian.Ironically, she says, the very act of doing so has given Ishaq a face. "Because of this people have now started to see her as a human being."Follow Shanifa Nasser on Twitter.