Wearing the Niqab in Court

[Glacier]

In a split decision, the Supreme Court of Canada has ruled that a woman can wear a religious veil across her face while testifying in court -- but only in certain circumstances.
The justices were not able to make a definitive ruling, which pits religious freedom against a defendant’s right to a fair trial. Instead, the top court produced a rare 4-2-1 split decision.


Read more: http://www.ctvnews.ca/canada/niqab-in-c ... z2FdMEy7wS

So what do you think of this ruling? My view is that the veil is NOT a religious right. Rather it is a cultural practice since covering of the HAIR (not face) is per the Koran.

Writing for the majority, Chief Justice Beverley McLachlin said the decision on whether to allow the face-covering must be made on a case-by-case basis and that judges would have to consider four questions before deciding whether to order a witness to remove her veil.

[...]

But two other justices, Marshall Rothstein and Louis LeBel, disagreed with McLachlin’s take on the case. They said that the principle of openness of the trial process requires that niqabs never be worn on the witness stand.

Justice Rosalie Abella, meanwhile,m dissented completely, saying forcing a witness to remove her niqab is “a significantly more harmful consequence than the accused not being able to see a witness’s whole face.”

[zzontar]

It's amazing that some people insist that they should be allowed to continue their customs and religion in their non-native country, but have no problem with people being killed for trying the same thing in theirs.

[oneh2obabe]

I agree with Rothstein and LeBel - it should never be worn on the witness stand. Lawyers for both sides need to be able to read facial expressions to determine which course their questioning will take.

And the woman who started this all was upset when the fact surfaced she carried a driver’s licence with a photo of her unveiled.

[prairieflower]

It's amazing that some people insist that they should be allowed to continue their customs and religion in their non-native country, but have no problem with people being killed for trying the same thing in theirs.

I agree wholeheartedly with you.... Too many immigrants come to our country and try to change to their ways... Sorry I do not agree.

Whatever happened to when in Rome....

[Captain Awesome]

Whatever happened to when in Rome....

Rome was invaded by immigrants and now looks radically different from what it once used to be.

Isn't that ironic?

[kibbs]

This is Canada not rome or the usa .Last time i checked we were a multi -cultural social democracy.We tolerate all cultures here and make endless changing compromises .Its hard but we do it because we are the most tolerant country in the world.We lead the world in how to be a better more peaceful first world nation.A True Canadian is a citizen of the world.A little veil shouldn't stop us from continuing that great tradition.Canada love it or stay and try to love it .We will tolerate you.Were number one but to modest to admit it.

[grammafreddy]

Sorry, kibbs, I am not as "worldly" as you.

[prairieflower]

Rome was invaded by immigrants and now looks radically different from what it once used to be.

Isn't that ironic?

Very ironic Capt A.

I understand the history....still, if I was to go to, say a country where women are required to wear the Niqab and was not covered, I could be arrested, beaten, even murdered for going against their "rules". It's pathetic and I don't agree. This is my opinion, belief, what ever you wish to call it.

I know Canada is made up of people from here, there and everywhere.....still when someone from a different country comes to Canada and due to the ways that they have been brought up etc., it affects our "rules" and stuff, it's wrong IMO. We should not have to change our ways to support their cultures.

[Nebula]

It's amazing that some people insist that they should be allowed to continue their customs and religion in their non-native country, but have no problem with people being killed for trying the same thing in theirs.

So, you live in a teepee and smoke a peace pipe, right?

[kibbs]

Sorry, kibbs, I am not as "worldly" as you

I grew up in Toronto or "Tranna" as we say back in hogtown. It truly is the hub of the universe .People from every part of the world live there in abundance you don't have to travel the world when you live there the whole world was there.I was culture shocked moving to kelowna ,People would use the "N"word casually. Native people were the brunt of jokes.weeks would go by before i saw someone who wasn't white.People from all over the world tolerate each other there very well.Its amazing.They can leave their social unrest and war .respect our most fundamental laws .but I'll take the culture. By sharing culture we can change the world.
I love the spicy food.And kelowna looks more canadian now.

[kibbs]

So, you live in a teepee and smoke a peace pipe, right?

This is an old stereotype ,get with the times a more modern way to stereotype would be to say "so you live on a reserve and drive a pickup truck EH?"agreed though not to any white natives here.

[grammafreddy]

Yeah, well, I worry about my great granddaughter and whether she'll be stoned to death for being a Canadian in Canada and refusing to submit to genital mutilation or be slaughtered in an honour killing because she looked sideways at an unknown passing male.

Some may say that's silly - but they are usually males who say that. And why not? In those religions, the male is dominant in all things. I don't see too many women today thinking its wonderful to be dominated by males to those extremes, do you?

Maybe check with your wife/daughter about how she feels about rape and genital mutilation, okay?

This case involves a Toronto woman who accused her cousin and uncle of repeatedly sexually assaulting her over a four-year period when she was a child.

Do you approve of that? These men think their male dominance gives them the right to treat women and children that way. I say I don't want that in my Canada.

[kibbs]

Do you approve of that?

I don.t agree with any of the ways woman are treated as chattel in many places all over the world.people will bring their troubles here and there different ways .But no change will come by closing the door .New immigrants will always have trouble. but the kids always blend.we are not without our horrors .we have a highway of tears . a girl in salmon arm was killed last Halloween. A man from northern bc raped and killed 4 woman .An army coronal who does the same.A pig farmer we all know.Let he who is without sin....

[grammafreddy]

I can see you do not understand and I am not in the right mood to enlighten you now.

[kibbs]

o enlighten you now.

'The road to enlightenment is lightening up'-leonard cohen buddhist monk