Niqabs in court violate fundamental principle and should not be allowed, Re: Canadian court case to decide whether or not to be sharia compliant at trials, NEWSoDROME, June 6, 2010

An alleged sexual assault victim in Ontario wishes to wear a niqab in court while giving testimony against the defendants. The niqab would prevent them from seeing the face of their accuser.

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This would be a violation of one of the most basic, fundamental principles western civilization and it’s system of justice is built on…the right of an accused person to see their accuser in open court and to have everyone else in court see them as well, most importantly Judges, Defence Lawyers and the jury if there is one. This principle rests on the dictum that a person is innocent until proven guilty and that an essential element in determining guilt or innocence is the demeanour and credibility of the accuser, which cannot be properly assessed if their face is covered. As principles go it doesn’t get any more basic and fundamental than that.

This violation should not be allowed under any circumstances. If it is Canadians can no longer claim to have an impartial, balanced court system because the scales of justice would be tilted squarely on the side of accusers and make it far more difficult for accused people to defend themselves. At present the accuser is required to prove that the accused is guilty as opposed to the defendant having to prove that they are innocent. Allowing accusers to hide their faces would significantly hamper this and change the nature and character of Canada’s system of justice. It would also be a prime example of how core western values and the principles western civilization is built on are being devalued, eroded and made to take a secondary role in our institutions, if they are permitted to have a role at all that is.

What’s next, female Muslims insisting that their cases can only be heard by a female Judge or that only females be allowed in court? Perhaps Muslims and their misguided apologists will insist that our system of justice be scrapped altogether and be replaced by sharia law, including it’s punishments. Don’t laugh, these things could easily happen, which is why it is incumbent upon all of us to speak out and defend our way of life if we are interested in seeing it survive. In that light it is encouraging to note that the Canadian Muslim Congress has filed written arguments against the accusers wish to wear a niqab in court, although it must also be noted that large numbers of Muslims in Canada disagree with the organization and that sharia law has come very close to being implemented here and the fight to permit it could be resurrected at any time. This will happen sooner rather than later of course if niqabs in court are actually allowed.

The case will be heard by the Ontario Court of Appeal beginning June 8 and could very well go all the way to the Supreme Court of Canada.

Niqabs in court. Absolutely unacceptable!

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