References: [2012] 3 SCR 726, 2012 SCC 72
Links: Canlii
Coram: McLachlin CJ and LeBel, Deschamps, Fish, Abella, Rothstein and Cromwell JJ
Canlii Charter of Rights – Freedom of religion – Right to fair hearing – Right to make full answer and defence – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with her face covered by niqab – Whether requiring witness to remove the niqab while testifying would interfere with her religious freedom -Whether permitting her to wear niqab while testifying would create a serious risk to trial fairness – Whether both rights could be accommodated to avoid conflict between them – If not, whether salutary effects of requiring the witness to remove niqab outweigh deleterious effects – Canadian Charter of Rights and Freedoms, ss. 2(a), 7, 11(d).
Criminal law – Evidence – Cross-examination – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with her face covered by niqab – Whether permitting her to wear niqab while testifying would create a serious risk to trial fairness.
