A Toronto-area Muslim woman who alleges she was sexually assaulted by two men – and wants to give evidence in court wearing a niqab – is appealing an Ontario Superior Court ruling that initially appeared to be in her favour, but did not fully grant her the right to testify with her face covered.
The woman, who is a Canadian-born mother in her 30s, is in the centre of what has become a controversial legal question as to whether a person can cite religious devoutness as justification for testifying with her face hidden. At a preliminary inquiry for two defendants last year, Provincial Court Judge Norris Weisman decided that the woman’s veil was a reflection of “comfort” rather than belief, and ordered her to remove it.
But in late April, Mr. Justice Frank Marrocco of the Ontario Superior Court ruled otherwise. While he did not grant the woman’s request outright, Judge Marrocco ordered the preliminary inquiry to convene two hearings to determine whether the woman’s beliefs are sincere, and if they are, whether testimony from a veiled witness would be admissible as evidence. The appeal means the preliminary hearing, scheduled to resume next month, could be postponed.