Freedom Of Religion And A Fair Trial Essay

2179 Words9 Pages
In the present case, the main issue is freedom of religion and how freedom of religion fits in relation to other rights guaranteed to Canadians. Current political tensions in Canada and conflicts in the Middle East put in doubt whether all religious groups can coexist under current legislation and legal practices. This paper will primarily present and discuss conflicts between: Islam and secularism, and the right to ones religion and a fair trial. Despite my unfavorable views of some sectarian beliefs, I believe that the trial judge erred procedurally by not following the analysis in R. v. N.S.(2012). The judge had the right to ask for the removal of the hijab only once a legal test designed to resolve conflict between competing rights was applied. Since no such analysis was done, the result was an inappropriate refusal to have a person’s case heard. This case was an example of improper judicial activism, which only served to intensify the ideological conflicts between Canadians. The R. v N.S. (2012) case proposed a four part test for balancing rights. In the current case, despite there being no victim and no accused, a conflict exists because the rights of the women choosing to wear a hijab are pitted against the rights of others, in the same situation, of having a fair trial before the same judge. Firstly, the person must prove that the sincerity of a religious view. Secondly, the issue of whether wearing a hijab precludes trial fairness in the current context and in
Open Document