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Thu Dec 20, 2012, 10:34 AM

Canada Rules on Wearing Religious Veil in Court

TORONTO December 20, 2012 (AP)

The Supreme Court of Canada has ruled in a split decision that a witness can wear a religious veil that covers the face while testifying in court in certain circumstances. The landmark case pitted religious freedom against an accused person's right to a fair trial.

Thursday's decision involved a Muslim woman who sought to wear a veil known as a niqab while testifying against two men she claims sexually assaulted her when she was a child.

The woman said her religious beliefs dictate that she wears the veil in public or in the presence of men who aren't "direct" members of her family.

The two accused claimed that the Charter of Rights and Freedoms allowed them to confront their accuser and observe her facial expressions as she testifies.

http://abcnews.go.com/International/wireStory/canada-rules-wearing-religious-veil-court-18025236

There was a case in New York some years ago about a priest who worked for Legal Aid and wore his collar in court. The prosecutors moved for an order to stop him from wearing his collar in court because it gave sympathy to the defendant. The court sided with the DA.

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Reply Canada Rules on Wearing Religious Veil in Court (Original post)
rug Dec 2012 OP
EvilAL Dec 2012 #1
EvilAL Dec 2012 #2
EvilAL Dec 2012 #3
rug Dec 2012 #5
WolverineDG Dec 2012 #4

Response to rug (Original post)

Thu Dec 20, 2012, 12:02 PM

1. I agree with the decision

and since there are cases where anonymous tips and other shit happen and the person cannot "confront their accuser" it makes sense that this lady can testify according to her religious beliefs. I'd like to see a pastafarian in full pirate regalia testifying, but I don't think us Canucks AAARRRRR!! ready for that yet.

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Response to rug (Original post)

Thu Dec 20, 2012, 12:05 PM

2. I'd have more of a problem

with them making her swear on the bible if I was her.. I'm not sure how that works.. Can you decide which "holy book" you are going to swear on in court? I'll have to look that up I guess..

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Response to EvilAL (Reply #2)

Thu Dec 20, 2012, 12:09 PM

3. guess you can..

done talking to myself now.
heheheh

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Response to EvilAL (Reply #3)

Thu Dec 20, 2012, 03:24 PM

5. Sorry, I was working.

No. In fact, you don't even have to swear at all. As long as it's clear that a lie subjects the witness to the penalties of perjury, it's fine.

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Response to EvilAL (Reply #2)

Thu Dec 20, 2012, 01:29 PM

4. You don't swear on a Bible any more

just raise your hand & swear (or affirm) that you will tell the truth.

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