R v NS 2012 SCC 72 – Assessing the Contours of the Freedom to Wear the Niqab in Canada

dc.contributor.authorOfrath, Naamaen
dc.contributor.departmentLawen
dc.contributor.supervisorRobinson, Darrylen
dc.date2013-09-29 20:00:52.439
dc.date.accessioned2013-10-02T20:24:20Z
dc.date.available2013-10-02T20:24:20Z
dc.date.issued2013-10-02
dc.degree.grantorQueen's University at Kingstonen
dc.descriptionThesis (Master, Law) -- Queen's University, 2013-09-29 20:00:52.439en
dc.description.abstractThis 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.en
dc.description.degreeLL.M.en
dc.identifier.urihttp://hdl.handle.net/1974/8377
dc.language.isoengen
dc.relation.ispartofseriesCanadian thesesen
dc.rightsThis publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.en
dc.subjectNiqaben
dc.subjectReligious Freedomen
dc.titleR v NS 2012 SCC 72 – Assessing the Contours of the Freedom to Wear the Niqab in Canadaen
dc.typethesisen
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