- TORONTO: A provincial court ruling that sets a high threshold for demanding that a Muslim woman remove her face veil while giving testimony was hailed as a victory Wednesday by advocates on both sides of the debate.
The ruling by the highest appeals court in Ontario sets a standard for that province, but not nationally.
Witnesses who wear the face-covering veil, called a niqab, must remove it on the stand only if wearing it truly jeopardizes the accused person’s right to a fair trial, the Ontario Court of Appeal ruled Wednesday.
The issue of a women’s constitutional right to express her religious beliefs in court, and the right of the accused to face their accuser, must be decided on a case-by-case basis, the court added.
The decision effectively means women will only be forced to testify without the niqab in extreme cases, said Nathalie Des Rosiers, general counsel for the Canadian Civil Liberties Association.
“The circumstances are likely to be rare,” said Des Rosiers.
The case centers around a woman identified only as N.S., who has accused her cousin and uncle of repeatedly sexually abusing her as a child.
At the preliminary inquiry the judge ordered the woman to remove her veil to testify, but the ruling ended up in the Appeal Court.
The Muslim Canadian Congress, which argued that the woman should testify without her veil, welcomed Wednesday’s decision, saying it “denies the automatic right of a woman to wear a face mask in court by invoking her right to religious freedom.”
“I think it’s a bit politically correct, but it’s a small step in the right direction,” said congress president Sohail Raza. “You can’t hide behind the mask, especially in a case, in a court case. A jury wants to see your body language, your face.” An objection to a witness wearing her niqab in a preliminary inquiry — at which there is no jury — would likely fail, the appeals court added.
The court sent the case back to the preliminary inquiry judge, and ordered the judge to let N.S. make arguments about her religious beliefs.



