Skip to main content
Article
R v. NS: What's Fair in a Trial? The Supreme Court of Canada's Divided Decision on the Niqab in the Courtroom
Osgoode Legal Studies Research Paper Series
  • Faisal Bhabha, Osgoode Hall Law School of York University
Research Paper Number
22/2014
Document Type
Article
Publication Date
2014
Keywords
  • Supreme,
  • Court,
  • Canada,
  • Trial,
  • Niqab,
  • Accommodate,
  • Muslim
Abstract

In 2008, a woman entered an Ontario courtroom to give evidence at a preliminary inquiry involving childhood sexual assault charges against her uncle and cousin. She sought to testify while wearing a niqab, a garment that conceals the entire head and face, leaving only an opening for the eyes. The court was asked to decide the novel question whether it could accommodate the Muslim veil in a system of justice that provided the accused with a right to face his accuser. The Supreme Court of Canada divided three ways, with justices disagreeing deeply both about the analysis for determining whether to permit a witness to wear the niqab, and the values and interests at play in this analysis.

Citation Information
Faisal Bhabha. "R v. NS: What's Fair in a Trial? The Supreme Court of Canada's Divided Decision on the Niqab in the Courtroom" (2014)
Available at: http://works.bepress.com/faisal_bhabha/11/