R. V. NS 2012 SCC 72: Case Study

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Citation R. v. NS, 2012 SCC 72, [2012] 3 S.C.R. 726 – Niqab removal trial Facts: NS who is a Muslim woman made a complaint of being sexually assaulted by 2 men within family during her childhood. Both men were charged for the assault in 2007. During the opening inquiry in 2008, NS explained she was going to testify with her niqab on for religious purposes Legal issue Removing the witness’s niqab violates section 2 of the Canadian charter of rights and freedom Decision The Supreme Court dismissed the plea and is preparing a list of questions in order to decide whether or not the witness should be allowed to wear the niqab during the trail for religious purposes