14 July 2017

R v NS (SCC 2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial - The Centre for Constitutional Studies

R v NS (2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial - The Centre for Constitutional Studies



In R v NS,[1] decided on December 20, 2012, the Supreme Court of Canada ruled on whether a witness could be allowed to wear a niqab[2] for
religious reasons while testifying in a criminal trial. The Court
determined that this issue would be examined on a case-by-case basis.
The following featured court ruling examines the Court’s four-part test
meant to balance the witness’ right to religious freedom (section 2(a)
of the Charter of Rights and Freedoms (Charter)) and the accused’s right to a fair trial (sections 7 and 11(d) of the Charter).[3]

If an accommodation is possible, do the salutary effects of accommodating the claimant outweigh the deleterious effects of doing so?[17]



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