(Toronto, Canada) In October 2008, Ontario Court Justice Norris Weisman ruled that a Muslim woman will not be allowed to wear a veil, niqab, while testifying in a sexual assault case. It was a precedent-setting decision since Canadian case law doesn't address Muslim women's special rights in the courtroom.
Representing the woman, attorney David Butt said that he will seek to have the ruling overturned next month in Superior Court.
"For complainants in sexual assault cases, courtroom testimony is extremely difficult and often traumatic," he [Butt] said last week.Butt's argument that Muslim women masked in court won't necessarily affect fairness seems weak. His case is also weakened by the fact that the subject Muslim woman has a driver's license with her unveiled picture displayed on it.
"During such times of great anxiety the courts should respect religious rights and practices that bring comfort and sustenance, particularly when they do not undermine the fairness of the proceedings."
It's not clear how the veil-no veil issue will play out but it can be safely assumed that politically correct pressure will be applied.
Of course, if the veil ruling is overturned, there will be little justification for ordering terrorists to take off their face rags or for bank robbers to take off their masks. They are both "practices that bring comfort and sustenance."
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