In a turn of events that sheds some light on the slow process of
modern justice, Judge Weisman of the Ontario Court of Justice
revisited the question of whether a criminal complainant, known
only as N.S., would be allowed to wear a niqab while giving
testimony during a preliminary inquiry. Judge Weisman's initial
ruling on the matter was given on October 16, 2008. This decision
was reviewed three times, culminating in a ruling by the Supreme
Court of Canada that laid down further guidance as to how the
Charter issues in this case ought to be resolved. For a more
in-depth history of the case,
please refer to my colleague Chris Dormer's blog article on the
SCC's ruling.
In an unreported decision revisiting his ruling
from 5 years ago, Judge Weisman implemented the SCC's
requirements to guide his decision on whether a niqab could be worn
by N.S.; nevertheless his conclusion was the same as 5 years ago.
He determined that, while N.S.'s religious belief is