Did the SCoC make the right decision.
I would say no- The Niqab is cultural and not Religious based.
Witness may be required to remove niqab while testifying: top court - The Globe and Mail
A Muslim witness may be required to remove her niqab veil to testify in court depending on the seriousness of the case and the sincerity of her religious beliefs, the Supreme Court of Canada ruled Thursday.
The decision means that a Toronto sexual assault trial that was halted during the preliminary inquiry stage will resume, now that the trial judge has instructions on how to assess the complainant’s request to testify from behind her veil.
In its 4-3 decision, the court said there are times when even a significant religious belief must bow to other social and legal concerns.
“An extreme approach that would always require the witness to remove her niqab while testifying, or one that would never do so, is untenable,” Chief Justice Beverley McLachlin said, writing on behalf of several of the judges in the majority.
“The answer lies in a just and proportionate balance between freedom of religion and trial fairness, based on the particular case before the court,” she said. “A witness who for sincere religious reasons wishes to wear the niqab while testifying in a criminal proceeding will be required to remove it if (a) this is necessary to prevent a serious risk to the fairness of the trial, because reasonably available alternative measures will not prevent the risk; and (b) the salutary effects of requiring her to remove the niqab outweigh the deleterious effects of doing so.”
The chief justice said that permitting a witness to conceal her face behind a niqab in all cases would rob accused people of the right to a fair trial. It could also harm public confidence in the justice system, she said.
I would say no- The Niqab is cultural and not Religious based.
Witness may be required to remove niqab while testifying: top court - The Globe and Mail
A Muslim witness may be required to remove her niqab veil to testify in court depending on the seriousness of the case and the sincerity of her religious beliefs, the Supreme Court of Canada ruled Thursday.
The decision means that a Toronto sexual assault trial that was halted during the preliminary inquiry stage will resume, now that the trial judge has instructions on how to assess the complainant’s request to testify from behind her veil.
In its 4-3 decision, the court said there are times when even a significant religious belief must bow to other social and legal concerns.
“An extreme approach that would always require the witness to remove her niqab while testifying, or one that would never do so, is untenable,” Chief Justice Beverley McLachlin said, writing on behalf of several of the judges in the majority.
“The answer lies in a just and proportionate balance between freedom of religion and trial fairness, based on the particular case before the court,” she said. “A witness who for sincere religious reasons wishes to wear the niqab while testifying in a criminal proceeding will be required to remove it if (a) this is necessary to prevent a serious risk to the fairness of the trial, because reasonably available alternative measures will not prevent the risk; and (b) the salutary effects of requiring her to remove the niqab outweigh the deleterious effects of doing so.”
The chief justice said that permitting a witness to conceal her face behind a niqab in all cases would rob accused people of the right to a fair trial. It could also harm public confidence in the justice system, she said.