Canada Kicks Ass
Top court to rule if witness can wear niqab in court

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ShepherdsDog @ Wed Dec 19, 2012 9:53 pm

http://www.cbc.ca/news/politics/story/2 ... stify.html

No!! Not a fucking chance. Most other victims have to face their rapists, molesters or someone who murdered their loved ones. Why should she get a break?

   



Xort @ Wed Dec 19, 2012 9:58 pm

Is a covered face that important to anyone?

Clearly this women thinks it's important, and SD you seem to think it's important.

I can't see how it's important. To me it's similar to how some people become very offended over the state of a head having a cover on it or not. Made more silly by having different rules for what is offensive based on if the person is inside or not, or if they are eating at the time.

I wish the court could give a ruling of 'this isn't important, everyone is guilty of wasting our time'.

   



Lemmy @ Wed Dec 19, 2012 10:01 pm

I've told lots of punks to take their fucking hats off in restaurants.

   



Xort @ Wed Dec 19, 2012 10:09 pm

Lemmy Lemmy:
I've told lots of punks to take their fucking hats off in restaurants.

Why? What is the logic of removing a hat to eat, or just being inside a building that serves food? Do you tell Sikhs to remove turbans? If not why not?

   



PublicAnimalNo9 @ Wed Dec 19, 2012 10:46 pm

Xort Xort:
Is a covered face that important to anyone?

Clearly this women thinks it's important, and SD you seem to think it's important.

I can't see how it's important. To me it's similar to how some people become very offended over the state of a head having a cover on it or not. Made more silly by having different rules for what is offensive based on if the person is inside or not, or if they are eating at the time.

I wish the court could give a ruling of 'this isn't important, everyone is guilty of wasting our time'.

How can you face your accuser when you can't see their face?
The fact is, the niqab is NOT a religious raiment, therefore it is NOT protected under any religious rights. If it's a cultural thing, tough shit. These are Canadian courts.
Let's assume for a second that the uncle and cousin aren't Muslim as well. What's to prevent the defense calling a mistrial because proper courtroom protocol wasn't followed?
Think on this for a second. IN the country her culture comes from, she probably wouldn't have a snowball's chance in hell of any sort of justice if she lived there. Yet while OUR country is good enough to seek justice in, it's just not good enough to respect the culture and laws she wants to have backing her up.

This is another prime example of why multiculturalism is a fail. Too many culturally based special interest groups, all of whom think they are more special than everyone else.

   



Xort @ Wed Dec 19, 2012 11:05 pm

PublicAnimalNo9 PublicAnimalNo9:
How can you face your accuser when you can't see their face?
You know who they are, and you can question them about what they say. You can also see them. As much fun as naked courts would be, we don't have a problem with people being hidden by clothes, why are clothes over the face an issue?
$1:

The fact is, the niqab is NOT a religious raiment, therefore it is NOT protected under any religious rights. If it's a cultural thing, tough shit. These are Canadian courts.
Why does a court care how the people at the court are dressed? Is justice only possible for a set range of clothes? Is our legaly system that weak?
$1:
Let's assume for a second that the uncle and cousin aren't Muslim as well. What's to prevent the defense calling a mistrial because proper courtroom protocol wasn't followed?
A judge telling them to stop being stupid?
$1:
Think on this for a second. IN the country her culture comes from, she probably wouldn't have a snowball's chance in hell of any sort of justice if she lived there. Yet while OUR country is good enough to seek justice in, it's just not good enough to respect the culture and laws she wants to have backing her up.
What country was that by the way?

Again what does it matter if the face is covered? Isn't face your accuser a phrase ment to imply the ability to know who the person is and to question them, not to absorb the reflected EM radation off their face with your optical sensors?
$1:
This is another prime example of why multiculturalism is a fail. Too many culturally based special interest groups, all of whom think they are more special than everyone else.

Sure, but why does our culture care about seeing a face? Or as I asked putting something on top of your head.

What does it matter?

Are you going to jump up in court and say that accuser is lying I can tell by the way the face twiched?

I get that human faces are part of how we communicate, however maybe our legal system would be better off if we cut that out, and forced people to listen to what is said rather than the acting ability of the person saying it.

   



herbie @ Wed Dec 19, 2012 11:22 pm

Lemmy Lemmy:
I've told lots of punks to take their fucking hats off in restaurants.

Oh please come here and tell the loggers and truck drivers too!
Seems to be a forgotten practice along with washing your hands before you eat....

   



PublicAnimalNo9 @ Wed Dec 19, 2012 11:59 pm

Xort Xort:
PublicAnimalNo9 PublicAnimalNo9:
How can you face your accuser when you can't see their face?
You know who they are, and you can question them about what they say. You can also see them. As much fun as naked courts would be, we don't have a problem with people being hidden by clothes, why are clothes over the face an issue?
$1:

The fact is, the niqab is NOT a religious raiment, therefore it is NOT protected under any religious rights. If it's a cultural thing, tough shit. These are Canadian courts.
Why does a court care how the people at the court are dressed? Is justice only possible for a set range of clothes? Is our legaly system that weak?
$1:
Let's assume for a second that the uncle and cousin aren't Muslim as well. What's to prevent the defense calling a mistrial because proper courtroom protocol wasn't followed?
A judge telling them to stop being stupid?
$1:
Think on this for a second. IN the country her culture comes from, she probably wouldn't have a snowball's chance in hell of any sort of justice if she lived there. Yet while OUR country is good enough to seek justice in, it's just not good enough to respect the culture and laws she wants to have backing her up.
What country was that by the way?

Again what does it matter if the face is covered? Isn't face your accuser a phrase ment to imply the ability to know who the person is and to question them, not to absorb the reflected EM radation off their face with your optical sensors?
$1:
This is another prime example of why multiculturalism is a fail. Too many culturally based special interest groups, all of whom think they are more special than everyone else.

Sure, but why does our culture care about seeing a face? Or as I asked putting something on top of your head.

What does it matter?

Are you going to jump up in court and say that accuser is lying I can tell by the way the face twiched?

I get that human faces are part of how we communicate, however maybe our legal system would be better off if we cut that out, and forced people to listen to what is said rather than the acting ability of the person saying it.

Wow, just wow. Yep, let's utterly disregard two thirds of the communicative process because they are superfluous to you. The niqab covers everything but her eyes and the rest of the garment effectively covers up a lot of body language. In this instance, what she wants to wear is looking an awful lot like the same get up as a burqa.

   



Jughead @ Thu Dec 20, 2012 5:49 am

Lemmy Lemmy:
I've told lots of punks to take their fucking hats off in restaurants.


What's wrong with wearing a hat in a restaurant? I wear mine at home as well when I eat. Whether it's at a soda shop, fast food restaurant or even an upscale restaurant, the hat stays on. I do not recall ever coming across any rules regarding hats in restaurants. I have seen the "no shoes, no shirt, no service" rule on numerous occassion, but never any hat related rules. The only time I remove my hat is once a week on Sundays to attend church.

   



Lemmy @ Thu Dec 20, 2012 6:41 am

Jughead Jughead:
What's wrong with wearing a hat in a restaurant? I wear mine at home as well when I eat. Whether it's at a soda shop, fast food restaurant or even an upscale restaurant, the hat stays on. I do not recall ever coming across any rules regarding hats in restaurants. I have seen the "no shoes, no shirt, no service" rule on numerous occassion, but never any hat related rules. The only time I remove my hat is once a week on Sundays to attend church.

Then that makes you a rude, inconsiderate punk and if I were in the restaurant where you were wearing your hat, either you'd be removing it or I'd be removing it for you.

   



Unsound @ Thu Dec 20, 2012 6:54 am

Lemmy Lemmy:
Jughead Jughead:
What's wrong with wearing a hat in a restaurant? I wear mine at home as well when I eat. Whether it's at a soda shop, fast food restaurant or even an upscale restaurant, the hat stays on. I do not recall ever coming across any rules regarding hats in restaurants. I have seen the "no shoes, no shirt, no service" rule on numerous occassion, but never any hat related rules. The only time I remove my hat is once a week on Sundays to attend church.

Then that makes you a rude, inconsiderate punk and if I were in the restaurant where you were wearing your hat, either you'd be removing it or I'd be removing it for you.


R=UP

I've seen touigh men shrink 6 inches under the look my Dad would give anyone rude enough to wear a hat to the dinner table.

   



Brenda @ Thu Dec 20, 2012 7:33 am

Jughead Jughead:
Lemmy Lemmy:
I've told lots of punks to take their fucking hats off in restaurants.


What's wrong with wearing a hat in a restaurant? I wear mine at home as well when I eat. Whether it's at a soda shop, fast food restaurant or even an upscale restaurant, the hat stays on. I do not recall ever coming across any rules regarding hats in restaurants. I have seen the "no shoes, no shirt, no service" rule on numerous occassion, but never any hat related rules. The only time I remove my hat is once a week on Sundays to attend church.

Why in church?

   



BeaverFever @ Thu Dec 20, 2012 7:40 am

GUYS -

The accused are the uncle and cousin of the victim, they know who she is. so what need to 'face the accuser' is not being being met here? IIRC, there is precedent for testimony from behind screens, etc to shield the victim or witness from the perp so whats the problem? IMO this is just an intimidation tactic by the defendant.

   



Gunnair @ Thu Dec 20, 2012 7:46 am

BeaverFever BeaverFever:
GUYS -

The accused are the uncle and cousin of the victim, they know who she is. so what need to 'face the accuser' is not being being met here? IIRC, there is precedent for testimony from behind screens, etc to shield the victim or witness from the perp so whats the problem? IMO this is just an intimidation tactic by the defendant.


Possibly. However, there is a dangerous precedent when we start allowing for cultural accommodation beyond the more acceptable religious ones. This would be a point of discussion if the niqab was a religious requirement, but it is not.

   



Guy_Fawkes @ Thu Dec 20, 2012 7:47 am

Like PA said, its not for identification, it is to see if she is being truthful about her testimony.

   



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