In a criminal appeal involving a niqab-wearing complainant at a preliminary inquiry, the Court addressed how to reconcile freedom of religion with fair-trial rights.
The majority held neither an absolute ban nor an absolute permission rule is acceptable, and adopted a contextual four-step framework.
A witness may be required to remove a niqab only where necessary to prevent a serious trial-fairness risk that cannot be avoided by alternatives, and where the benefits of removal outweigh the harms.
The appeal was dismissed and the matter remitted for application of that framework.
