Precious Star
Junior Member
http://www.cbc.ca/news/canada/story/2011/12/08/niqab-supreme-court.html
The Supreme Court of Canada is hearing arguments Thursday in the case of a woman who wants to testify in court while wearing a niqab, in a legal matter that pits religious rights against the right of defendants.
The woman, identified only as N.S., wants to wear her niqab — a veil-type cloth that covers all of her face, except her eyes —during testimony against two men in a sexual assault case in Ontario. The woman is the complainant in the case, and made the request to wear her niqab based on her Muslim beliefs.
The defendants, however, say they should be able to see the facial expressions of N.S. for the purpose of cross-examination.
A preliminary inquiry judge ordered that she remove her niqab before testifying, but an Ontario Superior Court judge later quashed that order.
The Ontario Court of Appeal subsequently overturned the Superior Court’s order, set up a legal test for determining if the woman can wear her niqab, and sent the matter back to the preliminary hearing judge.
The woman appealed that decision to the country's top court in Ottawa, contending her right to wear the niqab is protected by the Charter of Rights and Freedoms. She wants the Supreme Court to send the matter back to the preliminary inquiry with an order that she be allowed to wear the niqab at the hearing and any trial that might follow.
The Supreme Court of Canada is hearing arguments Thursday in the case of a woman who wants to testify in court while wearing a niqab, in a legal matter that pits religious rights against the right of defendants.
The woman, identified only as N.S., wants to wear her niqab — a veil-type cloth that covers all of her face, except her eyes —during testimony against two men in a sexual assault case in Ontario. The woman is the complainant in the case, and made the request to wear her niqab based on her Muslim beliefs.
The defendants, however, say they should be able to see the facial expressions of N.S. for the purpose of cross-examination.
A preliminary inquiry judge ordered that she remove her niqab before testifying, but an Ontario Superior Court judge later quashed that order.
The Ontario Court of Appeal subsequently overturned the Superior Court’s order, set up a legal test for determining if the woman can wear her niqab, and sent the matter back to the preliminary hearing judge.
The woman appealed that decision to the country's top court in Ottawa, contending her right to wear the niqab is protected by the Charter of Rights and Freedoms. She wants the Supreme Court to send the matter back to the preliminary inquiry with an order that she be allowed to wear the niqab at the hearing and any trial that might follow.
