The Supreme Court of Canada has delivered an unusual split decision — coming down all over the place as to whether a woman should be able to conceal her face in court with the Muslim draping known as the niqab. The court did render a majority decision, but many may call it not very useful. The four justice majority, including Chief Justice Madam Beverley McLachlin, said the matter must be decided on each occasion by the court facing the issue. Others in this majority were Madam Justice Marie Deschamps, Mr. Justice Morris Fish and Mr. Justice Thomas Cromwell. Two judges, Mr Justice Marshall Rothstein and Mr. Justice Louiis Lebel concluded that such covering should never be permitted on a witness in court. Madam Justice Rosalie Abella, on the other hand, said the niqab might be worn by any woman witness so long as her identity was not in doubt. The issue of establishing identity to an absolute certainty however was an open question. Barbara Kay excellent analysisSupreme Court off in all directions on niqab
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The Supreme Court of Canada has delivered an unusual split decision — coming down all over the place as to whether a woman should be able to conceal her face in court with the Muslim draping known as the niqab. The court did render a majority decision, but many may call it not very useful. The four justice majority, including Chief Justice Madam Beverley McLachlin, said the matter must be decided on each occasion by the court facing the issue. Others in this majority were Madam Justice Marie Deschamps, Mr. Justice Morris Fish and Mr. Justice Thomas Cromwell. Two judges, Mr Justice Marshall Rothstein and Mr. Justice Louiis Lebel concluded that such covering should never be permitted on a witness in court. Madam Justice Rosalie Abella, on the other hand, said the niqab might be worn by any woman witness so long as her identity was not in doubt. The issue of establishing identity to an absolute certainty however was an open question. Barbara Kay excellent analysis