CASE: R v NS

1. In this case, the judges of the SCC produced three different conclusions. Sum each of these up in one or two sentences.

2. Do you agree that the ability to see a witness's face is a fundamental part of assessing credibility? Why or why not?

3. Do you think requiring witnesses to remove their niqabs will cause some people to avoid testifying or bringing charges, in effect forcing these people out of the justice system? Explain.

4. In the preliminary hearing, the judge found that N.S.' religious beliefs were "not that strong" because of evidence that she would remove her niqab under some circumstances, such as posing for a driver's license photo or to go across a border. Are these examples comparable to testifying in court? Why or why not?

5. This case stemmed from sexual attacks that happened when N.S. was a young child. How, if at all, is this fact reflected in the decision? Might the Court have ruled differently if the charges in question involved theft or something less violent in nature? Explain.

Recourse: https://ojen.ca/wp-content/uploads/Top-Five_R-v-NS_Ev2.pdf