Niqab ruling raises legal and religious issues in Toronto court

The decision by a Toronto judge to compel a Muslim woman to testify in court without wearing her niqab has raised the question of how freedom of religion fits into the legal system and other Canadian Charter rights. The ruling, stemming from the preliminary hearing into a sexual assault trial, could be the first time that the contentious issue has been ruled on in Canadian court.

“It raises elements of both culture and law because there is something of a collision of values here,” said David Butt, the woman’s lawyer. Ontario Court Justice Norris Weisman made the decision after the woman asked to wear the niqab while testifying against her alleged assailant and defense counsel contended they needed to see her face to gauge her demeanor on the stand.

Justice Weisman concluded that her desire to wear the veil was more a matter of comfort and that the woman’s religious beliefs were not that strong. Alia Hogben, executive director of the Canadian Council of Muslim Women, said the ruling could make some Muslim women hesitant to come forward, but that the question of comfort while testifying goes further than Muslim woman. She said the woman’s wish to wear her niqab is a matter of personal comfort, not a case of choosing religion over justice.

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