OTTAWA – The Supreme Court of Canada, in a split decision, has ruled that in certain circumstances, a woman can wear a religious veil known as a niqab while testifying in court.
The landmark ruling in a case that pitted religious freedom against an accused person’s right to a fair trial will affect future cases involving religious accommodation in courtrooms.
In this latest case, a Muslim woman sought to wear a niqab while testifying against two men she claims sexually assaulted her when she was a child.
In a rare 4-2-1 split decision, the Supreme Court referred the matter back to an Ontario trial judge that had just started hearing the case in a preliminary hearing.
The high court outlined a series of considerations that trial judges must weigh in determining whether a witness is allowed to cover their face while on the witness stand.
“Future cases will doubtless raise other factors, and scientific exploration of the importance of seeing a witness’s face to cross-examination and credibility assessment may enhance or diminish the force of the arguments made in this case,” the majority judgement said.
“At this point, however, it may be ventured that where the liberty of the accused is at stake, the witness’s evidence is central to the case and her credibility vital, the possibility of a wrongful conviction must weigh heavily in the balance, favouring removal of the niqab,” it adds.
“The judge must assess all these factors and determine whether, in the case at hand, the salutary effects of requiring the witness to remove the niqab outweigh the deleterious effects of doing so.”
The controversial issue, which has divided the Muslim community, has reared its head in recent years, leading to a new law in Quebec for public sector workers and new federal immigration rules that ban face coverings while taking the oath of citizenship.
Due to a publication ban, the woman can only be identified as N.S.
The two accused claim the Charter of Rights and Freedoms allows them to confront their accuser and observe her facial expressions as she testifies.
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Once again we are a pathetic nation that cannot forge our own rules and laws. When will the Canadian government realize that our nation is imploding. I agree to let everyone race of humanity in……just have them embrace our way of life and obey our rules. My family and I migrated from another country torn by ignorance, poor politics and selfishness. We wanted change for the better of our family, and saw Canada as a great place to change and help the country grow and be prosperous. Canada is a great country that has so much potential, if only we had the right people in place to make the effective changes to be the powerful country we were meant to be. This is PATHETIC! Harper is a US business partner serving as a pawn to the US president. Grow a pair, would you!!!!
2013 is the year for Change…..embrace it!!!
And replace them with what? Judges who cater to the needs of their biggest election campaign contributors. That is one stupid idea. You wind up with idiot judges like that California judge last week who said a woman cannot technically be raped if she doesn’t wish to be. Utter rubbish.
I’m not surprised someone with a name like yours supports this b.s. decision by the Supreme Court of Canada. May I ask you why that woman needed to wear the face covering in court in the first place? Oh ya, I forgot, your religion treats women like second class dirt and they’re not allowed to show any part of their body because the male is almighty in your religion, and the woman isn’t.
ALL I CAN SAY PATHETIC, we 2 laws one for canadians and one for all others.
It is unfortunate that we still live in such a prejudiced society. Rather than focus on this poor woman’s plight at having been repeatedly sexually assaulted over the years and her need for justice, most people just care about whether she should be allowed to wear her garb of choice.
I’m sure these same idiots would be happily fight for a woman’s right to wear a tube top and short shorts on the witness stand.
I could care less if it’s one of the other. My preference is that justice be served, the primary purpose of the courts.
Yes come to our Country and take on our traditions. Really? Just like your ancestors did when they came here and took on the traditions of the Native peoples living here? “ABIDE BY OUR LAWS” is exactly what the Natives were fighting and killed for when the Europeans arrived here and took their land and slaughtered them. Not all women are forced to wear the head dress. Some women CHOOSE to wear them. Just like some women choose not to wear high heels, skirts, make up. Don’t be so ignorant as to think that all women are treated like they have no rights.
Law should be separated from religion, race, region, etc. We need one law, one rule for everyone. If I cannot walk into a bank or public library or the witness box with my face covered, then no else should be allowed to do it. If in the name of religion the laws can be changed, why wasn’t the church of universe allowed marijuana to be used?
only the uneducated place religion above all else.
What makes this even more absurd is that the accused are male relatives, the ones that are allowed to see her unveiled. I wonder what would happen if a group of 4 or 5 Canadians dressed in black, loose fitting clothing covering their entire body wearing balaklavas walked into a police station, bank, court house in July. There are two issues here, one is the right to face your accuser for a fair trial and safety in court. Both are compromised here. How can the accused men technically be guilty if they don’t even know what she looks like. I smell an appeal already. All I know is that tens of thousands of taxpayer dollars have been spent on this since I’m willing to bet my paycheck the the accuser and/or the accused are on a legal aid certificates and/or receiving support from the Human Rights Commission. If she was paying out of her own pocket they would have found a solution the first day and moved on without making a national spectacle.
More political correctness garbage from our government and officials. If you want to come to Canada, ABIDE BY OUR LAWS AND CUSTOMS! If you want to practice your religion, no problem. But Canada was founded on Christian principles and values, therefore we should NOT be bending over backwards and catering to everyone. If you don’t like our values and customs, feel free to leave.
OMG, whatever happened to common sense??
I say, it is time to outlaw burkas, niqabs, etc.
There is no room for this nonsense in a civilized country.
In Canada, we only cover our faces when it is minus 40 outside or when we want to rob a bank.
Where are Canadian laws? Once again, we bend them to suit all customs & religions. How far would I get walking in public without a burka, etc in those countries…. When you are in Canada, be proud of being Canadian, respect the laws, religion of that country. You choose to come to Canada then live by the rules of the country. If not, leave. Life is all about choices.
Niqab Sadness
Trimming the yard
Dressed in light shirt and short pants
Motions are reserved as sun is high
As warmth is tropical
A dark figure approaches with card
This heavily veiled form labouriously pants
Thanked service is acknowledged by sigh
As trailing vehicle disallows being vocal
Returning by coach
From dentist plaque free and fresh
Music in cabin, mastered beyond approach
With passing landscape feeling quite in mesh
Idled by glowing light, neck hair is raised
An aura of death permeates and prevails
Glancing to side, perforated veil appears a blazed
Signal advances departure of demonic entails
Present perversion of freedoms
Yields a regression to captivity
Fortunate are we for equal liberty
Steer clear of arresting social fiefdoms
Defend our nation from creeping barter
Preserve historical advancements
Accept only sovereign easements
Turn back not on past valour
Well done. It really shows the respect for other religions.
They’re forgetting the fact that nowhere in the Koran does it say women must be covered up like that. Burka, Niqabs, and Hijabs are all CULTURAL NOT RELIGIOUS! The Koran says dress modestly not cover yourself from head to toe so you have no identity!
I think it is a good decision. Thank you again Canada.
I am from Russia and I am a muslim. I was an ethnic minority there and I was deprived many rights.
Here in Canada I feel myself treated equal to all other people. I am proud to be Canadian because Canada treats us all equal and in respectful matter. There is no doubt that Canada is the best country in the world and canadians are the best people.
Another step backwards for Canada. What a joke – we have a constitution that protects religious rights and freedoms, and yet we cater to this disgusting portion of the population that discriminates against women by covering them up.
time to throw out the current system of unelected judiciary along with judges who are so totally out of touch with the desires of the majority of Canadians
I am so disheartened that no matter what Canadian law or tradition we “had” always tend to be changed to comply with “other” religions or traditions that move into Canada; try changing their customs or traditions in those other countries to Canadian and see what happens. I think this is a very sad day where once again we “give-in”.
And that’s why they call our country Canada? Go ahead, bring all your silly traditions, niqab, daggers, turbants, etc, etc. and YES, please take the Canadian citizenship oath,and you become Canadian!!! Once you choose to live in Canada, adopt the whole Canadian Heritage, sure behind
closed doors, wear whatever turns you on, its called Foreplay. Outside, please , show your face!!
Oh, I forgot,,I am a Latino immigrant, never forget where I came from, but first and foremost,
I AM CANADIAN
Great news. It’s better Canada accomdates others coming to Canada rather than they conforming to OUR culture. I’m sure if Christians, Jews and Hindus had problems with a similar issue in a conservative Islamic country, they would be welcomed with open arms. Let me guess, they don’t have to swear they are telling the truth either. Welcome to Canada. Canadians make the best dhimmis. Why do we think that the experiences in the UK, Netherlands, Germany, France, Belgium etc. will not happen here?
Brutal. So, is it okay for me to conceal myself totally if I’m NOT Muslim? If not, it’s just one more step down the slippery slope towards letting religions dictate our laws.