Niqab decision tomorrow

R. v. N.S. et al C50534 and C50892

This appeal from the order of Justice Frank N. Marrocco of the Superior Court of Justice at Toronto, dated April 30, 2009, was heard by the Court of Appeal on June 8 and 9, 2010.

The central issue on this appeal arises from an apparent conflict between the constitutional rights of a witness in a criminal proceeding and the constitutional rights of the accused in that same proceeding. The witness, N.S., an alleged victim of historical sexual assaults, contended that her religious beliefs dictated that she must wear a niqab when testifying. The accused, who is facing serious criminal charges, argued that his right to make full answer and defence requires that he, his counsel and the preliminary inquiry judge be able to see the accuser's face when she testifies and, in particular, when she is cross-examined. The Superior Court justice, inter alia, set out a process for reconciling the conflict between the rights of the witness and the rights of the accused person. The witness appealed the decision to the Court of Appeal.

The judgment of the Court of Appeal will be released and posted on the court's website at 11 o'clock on Wednesday, October 13, 2010.