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What’s Amazing Is That This Is Even A Debate

Posted June 9th, 2010 in Canada and tagged , , , , , , by Adrian MacNair

A simple question deserves a simple answer. Does an accused have the legal right to face his or her accuser in a court of law in Ontario? The answer is unequivocally yes.

The answer isn’t subject to approval based on whether the accuser believes there’s a man in the clouds who appointed a 7th Century shepherd to be his spokesperson. The answer is absolute, final, and definitive. When a person accuses you of a crime, you have the unfettered legal right to face that person.

So why is it that Ontario is now wasting untold bushels of cash having an appeal court adjudicate whether a lower court was in its legal rights to demand that a Muslim woman remove her niqab before testifying in court? Why has more than one second been spent analyzing this case?

A judge asked a Muslim woman to show her face because, as terrifyingly logical as it may sound, those are the rules, which were written for everyone. Not for everyone, except Muslims.

“Why are we getting all bent out of shape about this?” asked Mr. Justice David Doherty. “This isn’t about somebody coming into court saying: ‘I need to wear a bag over my head because of my religious beliefs.’

“I remember that when I was a lawyer, I had nuns testify and nobody said we should go and make them change,” Judge Doherty said. “And kids wear really baggy clothes now, don’t they?”

Simple question and answer time. Did the nuns and the kids with baggy clothes have their faces obscured so that their identity was in contention? No? Then please stay on topic, your honour.

At an inquiry last year, Provincial Court Judge Norris Weisman ordered a 32-year-old woman — who cannot be identified, making this doubly ridiculous — to remove her niqab so that defence counsel could assess her claims. The judge then expressed skepticism about the reason for her wearing of the niqab, and I don’t blame him. Who wouldn’t want to hide behind a face mask while testifying about a molestation case? Thousands of people before her have had to go before the courts, raise their head up high, and recall horrible abuses in front of the person or persons they are accusing.

So it’s entirely reasonable to suspect that her real motivations for hiding behind the niqab were based on the subject matter, rather than her devotion to Allah.

But in the end, all of this really has nothing to do with the fact that the laws were written for everybody. And they apply to everybody equally and blindly. If we bend the laws for certain kinds of people, it means that the law is not absolute. It is malleable and relativist and discriminatory. It says that all men are equal before the law, but some are more equal than others.

7 Responses so far.

  1. Mary TNo Gravatar says:

    She should show her face, if for no other reason to prove she is the accuser and not some imposter.

  2. Rob CNo Gravatar says:

    If she doesn’t show her face …Throw the case out.
    End of story.

  3. johnNo Gravatar says:

    “So why is it that Ontario is now wasting untold bushels of cash having an appeal court adjudicate….”?

    The answer to that too, is simple. For 2 reasons.

    1). Because our bureaucrats in the legal community are spineless chickenshits who would rather waste man-years of (billable) hours and mountains of taxpayer’s money than have some bug-eyed, shrieking activist scream racism at them.

    2). Those billable hours and mountains of taxpayer’s bucks add up fast to a fine income. If any taxpayers complain lawyers will always pull the usual holier-than-thou prima donna act and wail about how they are only looking out for their poor client’s “rights” or some other such emotional B.S.

  4. Powell LucasNo Gravatar says:

    Defense Lawyer: “Is it possible that this woman is simply filing this complaint against you because she and you have had problems in the past?
    Defendant: “I can’t see her face, so I don’t know.”

    Defense Lawyer: Is it possible that you have made disparaging remarks or directed insults towards this woman in the past?
    Defendant: “I don’t know. I can’t see her face.”

    Case dismissed.

  5. GaryNo Gravatar says:

    This issue can be solve in one easy step, tell her that EVERY person in court will where the same Nijab so everyone is equal.
    Problem solved.
    Who needs real Judges and real Lawyers, ACTRA can supply cheap labour for a mock trial over a mock Human Rights complaint.

  6. old white guyNo Gravatar says:

    islam must be destroyed before it destroys us. this has nothing to do with law and everything to do with asserting control over our system.

  7. RoseNo Gravatar says:

    Political Islam doing what it does best, it presents Muslims as victims and they demand our laws and society accomadate the intolerable and so far it’s working.

    I would not find the accused quilty beyond a reasonable doubt, if she won’t show her face the complaint should be dropped. I’m sick of our wishy washy legal system catering to the Islamists and other special interest groups.