Essay on The Accused And Co Accused, M. -d S.
• N.S., being a Muslim, wished to testify wearing her niqab explaining that her religious beliefs required her to wear her niqab in public.
• The two accused sought an order requiring N.S. to remove her niqab, arguing that it infringed upon their right to a fair trial under section11 (d) of the Charter. In addition, they stated that it prevented effective cross- examination as well as hindered ability of the judge to assess N.S’s credibility.
• Section 2(a) under the Charter states that everyone has the freedom of conscience and religion.
• Section 7 under the Charter states that everyone has the right to life, liberty and security of the person.
• Section 11(d) under the Charter states that anyone charged with an offence has the right to be presumed innocent until proven guilty.
• The preliminary inquiry judge from the Ontario Provincial Court held that N.S. would have to remove her niqab while testifying.
• N.S. appealed the decision to the Ontario Superior Court.
• Superior Court of Justice reversed the decision, and held that N.S. could testify while wearing a niqab, provided she expressed a sincere religious reason for doing so.
• N.S. appealed the decision to the Ontario Court of Appeal and both accused cross-appealed. The Ontario Court of Appeal held that N.S. would be ordered to remove her…