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R v NS

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This article critically evaluates a court decision that rejected a request of a witness donning the Islamic full veil known as the niqab to allow her religious exemption from a rule requiring access to witnesses’ demeanor during a court appearance and testimony. Through evaluating the justices’ competing arguments, the article explores the question of religious exemptions in a liberal society. It considers different aspects of the question such as equality, personal choice, religious freedom, and the liberal commitment to public reason. Finally, the article articulates and defends a novel principle for adjudicating requests for religious exemptions. It proposes a “meaningful choice to practice one’s religion” principle.
Title: R v NS
Description:
This article critically evaluates a court decision that rejected a request of a witness donning the Islamic full veil known as the niqab to allow her religious exemption from a rule requiring access to witnesses’ demeanor during a court appearance and testimony.
Through evaluating the justices’ competing arguments, the article explores the question of religious exemptions in a liberal society.
It considers different aspects of the question such as equality, personal choice, religious freedom, and the liberal commitment to public reason.
Finally, the article articulates and defends a novel principle for adjudicating requests for religious exemptions.
It proposes a “meaningful choice to practice one’s religion” principle.

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