An alleged sexual assault victim is asking the Ontario Court of Appeal whether she can be allowed to wear her niqab while testifying
The Muslim woman’s lawyer, David Butt, has filed an appeal of a decision by Justice Frank Marrocco. Butt argues Marrocco “created an inevitable apprehension of bias” when he ordered the case to be sent back to the preliminary hearing judge to decide again whether the woman should be allowed to wear her face-covering veil.
Ontario Court Justice Norris Weisman ruled last fall that the woman’s religious beliefs were not strong enough to allow her to wear the veil while testifying against two men alleged to have sexually assaulted her more than 20 years ago.
The appeal means the preliminary hearing, scheduled to resume next month, could be postponed.
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