Muslim woman in Canada to contest court ruling on unveiling

TORONTO (RNS/ENI) A Muslim woman in Canada will have another chance to argue why she should be allowed to wear a veil while testifying in court against two men accused of sexually assaulting her. The closely watched case pits the woman’s freedom of religion against the rights of defendants to face their accuser in court. […]

TORONTO (RNS/ENI) A Muslim woman in Canada will have another chance to argue why she should be allowed to wear a veil while testifying in court against two men accused of sexually assaulting her.

The closely watched case pits the woman’s freedom of religion against the rights of defendants to face their accuser in court. She says her religion obliges her to cover her face.

Last October, Ontario Court Justice Norris Weisman ruled the woman must remove her niqab, a face veil that reveals only the eyes, while testifying. Defense lawyers had argued they must be able to assess the woman’s demeanor to tailor their questioning.


The woman, who has worn a niqab for five years, asked the province’s Superior Court to overturn the ruling. In a 38-page decision released on May 1, Superior Court Justice Frank Marrocco wrote the Ontario Court judge should conduct another hearing about the issue since he did not explore it far enough before making his decision.

Marrocco affirmed Weisman’s jurisdiction to order the woman to unveil if he chooses but suggested cases like this one should be decided by judges on an individual basis in court proceedings.

“The Canadian approach may be a compromise,” wrote Marrocco. “A trial judge will have to consider other societal interests in addition to freedom of religion and the right to cross-examine.”

Weisman said he had reached his decision that the woman must unveil after finding her religious belief “is not that strong … and that it is, as she says, a matter of comfort.” The woman acknowledged she had unveiled for her driver’s license photo, he noted.

The Superior Court judge did not offer an opinion on whether an accused person should be allowed to see the face of their accuser.

The names of the 32-year-old woman and the accused are protected under a publication ban.


There are about 580,000 Muslims in Canada but few Muslim women wear the niqab.

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