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Competing rights case moves to the Supreme Court of Canada

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The Supreme Court of Canada recently agreed to hear the case of a woman who wanted to exercise her right to express her religion by continuing to wear her niqab while testifying in a sexual assault case. This case involves a possible conflict between the right to religious freedom and a defendant’s right, under the Charter of Rights and Freedoms, to face their accuser as part of their “full answer and defence” to the charges against them.

The OHRC intervened in this case at both the Superior Court of Justice and the Court of Appeal for Ontario, and we have applied to intervene at the Supreme Court of Canada.

 

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