|
2012-12-21 Great White North
|
|
Canada's Supreme Court says niqab can be worn while testifying
|
The Supreme Court of Canada has ruled that a witness can under certain circumstances wear a niqab while giving testimony in court. In a split decision, the court affirmed both an accused persons right to a fair trial and the right to religious freedom.
The controversial issue 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.
In this latest case, a Muslim woman wanted to wear a niqab while testifying against two men she claims sexually assaulted her when she was a child. The two accused claim the Charter of Rights and Freedoms allows them to confront their accuser and observe her facial expressions while she testifies.
But the womans lawyers say facial expressions can be misleading, and add that Islamic sexual assault victims will be hesitant to go to the police if theyre barred from wearing a niqab while testifying.
During an appeal hearing last year, the womans lawyer faced tough questions from the high court justices.
Justice Morris Fish was among the judges who said there isnt a single defense lawyer who would agree to allow a witness to testify against their client without their face being clearly visible.
Chief Justice Beverley McLachlin said there is no half-way measure that would reconcile the right to an accused to a fair trial and the right to cover one's face during a trial. She asked, Do you wear half a veil? Do you put a screen up? It is very hard to reconcile values that are oppositional.
Muslim community leaders and scholars are divided as to whether the niqab is truly required by the faith. Tyler Hodgson, a lawyer for the Muslim Canadian Congress, said, There should be no legal presumption that a witness that wears a niqab in a courtroom is doing so for a religious reason. 
|
Posted by ryuge 2012-12-21 00:00||
||
Front Page|| [11128 views ]
Top
|
|
Posted by AlanC 2012-12-21 13:10||
2012-12-21 13:10||
Front Page
Top
|
|
07:03 NN2N1
06:58 NN2N1
06:58 Besoeker
05:28 Whiskey Mike
05:23 Whiskey Mike
05:21 Whiskey Mike
05:18 Whiskey Mike
05:15 Whiskey Mike
05:13 Whiskey Mike
05:08 Whiskey Mike
05:05 Whiskey Mike
05:03 Whiskey Mike
03:23 Besoeker
02:05 Grom the Affective
02:04 Grom the Affective
01:26 49 Pan
00:22 EMS Artifact
00:16 Skidmark
|
