Witness Wearing Niqab in a Cross-examination

The Supreme Court of Canada's decided on witness's right to wear veil in a criminal Trial

See case R. v. N.S., 2012 SCC 72, [2012] 3 SCR 726

As a democratic society, we value individual freedom and free will as basic human rights. We, the people, must constantly be vigilant to preserve our cherished fundamental rights against unwarranted state encroachment.  The criminal defence lawyers are often the ones fighting to preserve these individual's rights and freedom. Simply because these rights are pitted against state's power and this battle happens most often in a courtroom setting during a criminal trial.

The criminal defence lawyers regularly fight and argue to defend individual rights and liberty. It is criminal defence lawyers duty to protect a person against unreasonable and unjustifiable state encroachment (esp. during investigation and trial). The R. v. N.S., 2012 SCC 72 decision gives an important arsenal to the criminal defence lawyers to ensure that every defendant accused of crime has full rights to ensure his or her liberty through a right to fair hearing. It also means an ability to question a witness without unreasonable hindrance.

In essence, to preserve and protect our liberty - an important democratic value. Otherwise, we will be no different from a communist or dictatorial state.

Ashish Duvadie

As a Criminal Defence Lawyer, my legal professional experience includes conducting trials and handling of complex cases. I have had cases in the areas of Canadian Criminal Law such as White Collar Crimes, Copyright Violations, Taxation, Customs Act, Sexual Assault, Aggravated Assault. In addition, I have also dealt with Matrimonial Law; Canadian Immigration hearing and appeals.