Posted on 03/03/2009 4:15:07 AM PST by Loyalist
An Ontario Superior Court judge has unexpectedly been thrust into a high-profile debate over the rights of Muslim women to wear a veil while testifying in court.
Superior Court Justice Frank Marrocco must decide whether to issue what could be a broad, precedent-setting ruling or resolve it on much narrower technical legal grounds.
And, set aside from the debate about religious freedom are the two Toronto men charged with sexual assault -- who want to resume the preliminary hearing that has been on hold for nearly five months.
The legal wrangling stems from a desire by the alleged victim (who cannot be identified because of a standard publication ban) to testify in court wearing a Muslim veil known as a niqab.
Lawyers representing the two defendants argued that this infringes on their fair trial rights and argued at the preliminary hearing last fall that they should be allowed to see the woman's face to gauge her demeanor while testifying.
Provincial court Justice Norris Weisman agreed with the defence and ruled that the woman should testify without the niqab.
(Excerpt) Read more at nationalpost.com ...
One law for them, one law for the rest of us.
And before long, their law for all of us.
This case is need of an intervenor--an amicus curiae --to make submissions on the larger issue: how reliable is the testimony of a Muslim witness who believes in the practice of taqqiya , lying in defence of Islam or to protect oneself?
I would think that a person should have the right to SEE their accuser. Facial demeanor means a lot.
Canada does not use Sharia law in their courts.
Therefore when in France do as the French do. Likewise, when in Canada do as the Canadians do.
If you do not want to comply with the laws and customs of the country you are visiting, don’t go there.
If I’m accused of something I have the right to face my accuser. My accuser, or their witness should not be allowed to hide behind a curtain. Facial demeanor is important.
If a muslim commits a crime do they take a mug shot of them with the veil on or off.
Now I understand why sharia law gives 1/2 half value to a woman’s testimony in court.
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