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HUMA 1825 Note 13.docx

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HUMA 1825
Neil Braganza

HUMA 1825 Note 13 CaseThere is a case that concerns many issues that are pressing for all of us who are men women Muslim or not o It concerns a woman who wears a NiqabThis is a covering of the face that allows a person only to see her eyes and nothing elseShe accused two men of sexually assaulting her men and uncleShe alleges that they sexually assaulted her when she was a young woman o When it came to trial she the principle accuser insisted on wearing her niqab in court She was willing to take it off when she was taking her Drivers license photo She also removed it when she was travelling with customs She was not willing to take it off in courtUsing Section 2A under the Charter she has freedom of conscious and religiono As an observant Muslim she cant show her face in publicMen who are accused argue that they have to be able to make fullanswer and defense they have to have the ability to make full answer and defense to the charges against themo In order to make full answer and defense they have to be able to assess her credibility when she testifies If you can convince a judge and jury that you are credible and what you are saying is credible you win If you cant do this you lose It hinges most cases without exception they hinge on the issue of credibilityIn order to assess credibility it is an art o Example at the beginning of this course it was full and a student about three weeks after the course wanted to join the course she wrote herShe didnt come to the lecture but she showed up to the office She asked her a few question as to why She was in third year and needed a humanities course and needed this specific course The whole issue of credibility is not a science In a criminal trial where so much is at stake whether you walk out a free person or youre incarcerated credibility is very important The lawyers on the defense of the criminal law say that they need to see her face when she testifies and when they examine herThe trial judge made her take of her niqab she appealed that decision The resent judge then made her consider factoro The supreme court issued its decision in Dec 20 2012There was three judgments writtenJustice McLaughlin wrote the positiveJustice B agreed
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