R v NS 2012 SCC 72 – Assessing the Contours of the Freedom to Wear the Niqab in Canada
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Authors
Ofrath, Naama
Date
2013-10-02
Type
thesis
Language
eng
Keyword
Niqab , Religious Freedom
Alternative Title
Abstract
This thesis uses the recently decided R v NS to assess the contours of the freedom to wear the niqab, as part of religious freedom, in Canada. By criticizing the majority and concurring opinions I argue that, properly understood, a witness’s religious freedom should protect her from an order to unveil when she is testifying in court. I show that the concurring opinion holds the witness to an illiberal, unfair standard of personal behaviour that fails to respect the witness’s religious freedom. I show that the majority’s decision, though following a justified liberal process of balancing rights, failed to protect NS’s meaningful choice to practice her religion, a standard set by the court in Hutterian Brethren. I then assess the broader implications of R v NS. I argue that in theoretical terms R v NS reaffirms Canada’s commitment to a liberal system of reciprocal rights and rejects a perfectionist approach according to which societal values can override rights. These theoretical lessons are then applied to other policies regulating the veil. I argue that despite its shortcomings, R v NS should generate optimism that perfectionist policies will be rejected and that the veil will only be limited minimally and only when the limit is necessary to uphold other legitimate aims.
Description
Thesis (Master, Law) -- Queen's University, 2013-09-29 20:00:52.439
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