A preliminary inquiry voir dire addressing whether a complainant in a sexual assault case could testify while wearing a niqab.
The complainant sought to wear her niqab for religious reasons, while the accused objected on the grounds that it would impair their fair trial rights by preventing observation of the witness's demeanour and credibility assessment.
The court applied the Dagenais/Mentuck framework to balance the complainant's Charter right to freedom of religion against the accused's right to a fair trial.
The court found that while the complainant's religious beliefs were sincere and strong, permitting her to wear the niqab would create a serious risk to trial fairness.
No accommodation was possible.
The court concluded that the salutary effects of requiring removal of the niqab outweighed the deleterious effects, particularly given that the accused's liberty was at stake and the complainant's credibility was central to the case.
