Toronto, Ontario, Canada (AHN) – Ontario Court of Appeal Justice David Doherty ruled Wednesday that female Muslim witnesses must remove their full-face covering known as a niqab if necessary to assure a fair trial.
The court ruling is the latest in judicial decisions and legislation made by various governments across the world over the face cover traditionally worn by female followers of the Islam religion.
In August, a similar ruling was made by an Australian judge, while the French Constitutional Council endorsed a ban on the clothing’s use in public, except in places of worship. Many schools in different countries are also debating whether to ban female Muslim students from wearing the niqab.
The Toronto case involved a sexual assault complainant by a Muslim woman against her uncle and male cousin.
Doherty cautioned trial judges to respect the religious rights of the complainants and plaintiffs and to require them to remove the niqab only in as few cases as possible.
He urged trial judges to look for sensitive compromises in similar cases that would respect the complainant’s religious need, but at the same time give the defense an opportunity to examine the demeanor of the complainant during testimony. Among such compromises are to limit people inside the courtroom and that most or all of them, if possible, must be female.
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