The question of whether a Muslim woman can wear a niqab -- a veil that shows only her eyes -- while testifying against men accused of sexually assaulting her will be heard next week. The woman was ordered to testify by Justice Norris Weisman at a preliminary hearing last fall to ensure the defendants could face their accuser in court. But Justice Frank Marrocco ordered that the woman won't have to testify next week at a preliminary hearing so that he can hold a hearing on the issue.
Marrocco will listen to arguments from defence attorney Adam Weisberg and lawyer David Butt, who represents the woman, and Ontario Human Rights Commission counsel Prabhu Rajan. Crown attorney Laurie Gonet said the prosecution isn't taking a position on the matter.
The commission will be arguing that Weisman failed to recognize the religious freedoms of the complainant. "This is a conflict of rights -- that of religious beliefs -- as opposed to the defendants' rights," said Butt, a former Crown attorney who is now in private practice as a defence lawyer. "The preliminary hearing could have gone on without the court having to see the witness' face to assess credibility."
Defence lawyers at the preliminary hearing argued that seeing the woman's face and her demeanour would help them weigh her testimony. The prosecution responded that the woman should be permitted to wear the veil. Weisman said it was a difficult decision, but noted the woman removed her niqab to get a drivers' licence photo.