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ARTICLE · 14 MAY 2013

R. v. N.S. - Redux

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.

CanadaLitigation, Mediation & Arbitration

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

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