08 December 2011

Niqab case: Religious freedom vs. right to fair trial?

.... Seven Supreme Court justices pushed David Butt on whether freedom of religion trumped the right to a fair trial.

"Cross-examination is an art," Chief Justice Beverley McLachlin told Butt early in the hearing. "(Lawyers) watch the witness, they watch the face."

The case before the higher court dates back to 2007, when N.S., whose name is protected by a publication ban, accused her uncle and cousin of sexually assaulting her as a child.

During the preliminary inquiry, she asked to testify with her face-covered, based on her Muslim beliefs - a request denied by the judge. [Toronto Sun] Read more