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esl describing people essay - On December 20 th, , the Supreme Court of Canada released its decision in R v NS, SCC 72 [NS]. As Osgoode’s Professor Faisal Bhabha stated in an article written for the Globe & Mail: “The key question for the judges was: Can religious . WebR. v. N.S., SCC Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. The trial judge refused . WebThis thesis uses the recently decided R v NS to assess the contours of the freedom to wear the niqab, as part of religious freedom, in Canada. By criticizing the majority and concurring opinions I argue that, properly understood, a witness’s religious freedom should protect . photo essays on bullying

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mentorship essays collaboration - WebR v NS, SCC 72 (20 December ) Summary. Chief Justice McLaughlin doubted that such a balance was possible on the facts of the case. Finally, given the unlikelihood of any compromise, the majority considered whether the “salutary effects of requiring [NS] . WebAt first glance, R v NS, SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian courtrooms. While this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to . In R. v. N.S., SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while. role of youth in indian democracy essay

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advantages and disadvantages of life insurance - Web1 R v NS, SCC 72, CCC (3d) at paras 1, 4 [NS]. The niqab is contested amongst Muslims. For some, it is believed to be a firm religious requirement; for others, it is a careful way to conform to a strict Islamic rule of modesty in dress. For still many mo re, it is . WebDescription. Supreme Court of Canada decision in a criminal law case. NS was the complainant in a sexual assault. During the preliminary inquiry, NS sought to testify wearing a niqab. Defence counsel challenged her request on the argument that the right to a fair . Indexed as: R. v. N.S. SCC File No.: December 8; December Present: McLachlin C.J. and LeBel, Deschamps, Fish, Abella, Rothstein and Cromwell JJ. on appeal from the court of appeal for ontario. english 9 research paper rubric

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Upper Class Vs Caste System - On December 20 th, , the Supreme Court of Canada released its decision in R v NS, SCC 72 [NS]. As Osgoode’s Professor Faisal Bhabha stated in an article written for the Globe & Mail: “The key question for the judges was: Can religious ritual and observance trump the right of defendants to a fair trial? WebR. v. N.S., SCC Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. The trial judge refused to let N.S. wear the niqab on the grounds that she had not proven that her. R v NS: ( SCC 72, [] 3 SCR ): Supreme Court of Canada: McLachlin CJ and LeBel, Deschamps, Fish, Abella, Rothstein, and Cromwell JJ: 20 December organizational change case study of gm

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personal statement of philosophy of nursing practice - WebThis thesis uses the recently decided R v NS to assess the contours of the freedom to wear the niqab, as part of religious freedom, in Canada. By criticizing the majority and concurring opinions I argue that, properly understood, a witness’s religious freedom should protect her from an order to unveil when she is testifying in court. WebR v NS, SCC 72 (20 December ) Summary. Chief Justice McLaughlin doubted that such a balance was possible on the facts of the case. Finally, given the unlikelihood of any compromise, the majority considered whether the “salutary effects of requiring [NS] to remove the niqab outweigh[ed] the deleterious effects of doing so”. WebAt first glance, R v NS, SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian courtrooms. While this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to adequately address issues of equity, inclusion, and fairness in Canadian. thesis statement for racism in huck finn

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critical thinking in math - In R. v. N.S., SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while. Web1 R v NS, SCC 72, CCC (3d) at paras 1, 4 [NS]. The niqab is contested amongst Muslims. For some, it is believed to be a firm religious requirement; for others, it is a careful way to conform to a strict Islamic rule of modesty in dress. For still many mo re, it is variously viewed as an unnecessary burden. WebDescription. Supreme Court of Canada decision in a criminal law case. NS was the complainant in a sexual assault. During the preliminary inquiry, NS sought to testify wearing a niqab. Defence counsel challenged her request on the argument that the right to a fair trial includes the right to see the complainant's/witness's face while that person. a level history russia coursework

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expressive essay definition - Indexed as: R. v. N.S. SCC File No.: December 8; December Present: McLachlin C.J. and LeBel, Deschamps, Fish, Abella, Rothstein and Cromwell JJ. on appeal from the court of appeal for ontario. On December 20 th, , the Supreme Court of Canada released its decision in R v NS, SCC 72 [NS]. As Osgoode’s Professor Faisal Bhabha stated in an article written for the Globe & Mail: “The key question for the judges was: Can religious ritual and observance trump the right of defendants to a fair trial? WebR. v. N.S., SCC Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. The trial judge refused to let N.S. wear the niqab on the grounds that she had not proven that her. demand forecasting case study essays

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history of algebra essay - R v NS: ( SCC 72, [] 3 SCR ): Supreme Court of Canada: McLachlin CJ and LeBel, Deschamps, Fish, Abella, Rothstein, and Cromwell JJ: 20 December WebThis thesis uses the recently decided R v NS to assess the contours of the freedom to wear the niqab, as part of religious freedom, in Canada. By criticizing the majority and concurring opinions I argue that, properly understood, a witness’s religious freedom should protect her from an order to unveil when she is testifying in court. WebR v NS, SCC 72 (20 December ) Summary. Chief Justice McLaughlin doubted that such a balance was possible on the facts of the case. Finally, given the unlikelihood of any compromise, the majority considered whether the “salutary effects of requiring [NS] to remove the niqab outweigh[ed] the deleterious effects of doing so”. academic writing essay

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what is self awareness in nursing - WebAt first glance, R v NS, SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian courtrooms. While this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to adequately address issues of equity, inclusion, and fairness in Canadian. In R. v. N.S., SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while. Web1 R v NS, SCC 72, CCC (3d) at paras 1, 4 [NS]. The niqab is contested amongst Muslims. For some, it is believed to be a firm religious requirement; for others, it is a careful way to conform to a strict Islamic rule of modesty in dress. For still many mo re, it is variously viewed as an unnecessary burden. Titan Mythology Research Paper

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help me write a funny speech - WebDescription. Supreme Court of Canada decision in a criminal law case. NS was the complainant in a sexual assault. During the preliminary inquiry, NS sought to testify wearing a niqab. Defence counsel challenged her request on the argument that the right to a fair trial includes the right to see the complainant's/witness's face while that person. In R. v. N.S., SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while wearing a niqab. In R. v. N.S., SCC 72, the Supreme Court of Canada outlined the framework to be used when determining whether a witness can be permitted to testify in a criminal proceeding while wearing a niqab.A niqab is a cloth which covers the face as a part of sartorial hijab. It is worn by some Muslim women in public areas where men might see . research paper title page format chicago

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cover letter for research assistant biology - She is also Chair of the Examinations Committee and a Member of the School of Graduate Studies since Professor Sheehy teaches Criminal Law and Procedure, Advanced Criminal Procedure, Sexual Assault Law, and Defending Battered Women on Trial at the University of Ottawa. ( SCC 3), R v NS (the “niqab” case) ( SCC . WebThis article is based on Naama Ofrath, R v NS SCC 72 – Assessing the Contours of the Freedom to Wear the Niqab in Canada (LLM Thesis, Queen’s University Faculty of Law, regrading religious exemptions that can be drawn from the debate of the case. 2. R v NS: Three Philosophies of Religious Accommodation. R v NS. 4. WebR. V. NS SCC Case Study Words | 1 Pages. Citation R. v. NS, SCC 72, [] 3 S.C.R. – Niqab removal trial Facts: NS who is a Muslim woman made a complaint of being sexually assaulted by 2 men within family during her childhood. Both men were charged for the assault in During the opening inquiry in , NS. penn law school optional essay

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Supreme Court of Canada decision in R. v. NS () · Exhibits

Standardized Testing In Schools - WebThe sections of the Charter considered in R. v. NS, SCC 72 (NS) were 2 – Fundamental Freedoms, 7 – Life, Liberty and security of the person, and 11 – Proceedings in criminal and penal matters. This was a sexual assault case in which the complainant wanted to wear a niqab, completely covering her face while Testifying at the. The sections of the Charter considered in R. v. NS, SCC 72 (NS) were 2 – Fundamental Freedoms, 7 – Life, Liberty and security of the person, and 11 – Proceedings in criminal and penal matters. This was a sexual assault case in which the complainant wanted to wear a niqab, completely covering her face while testifying at the . WebAt first glance, R v NS, SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian sinnof.work this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to adequately address issues of equity, inclusion, and fairness in Canadian society. Motherhood In Anne Tylers Argumentative Essay

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classification essay movie - WebThe following references provide additional sources for understanding the case R. v. N.S., SCC 72, and its ratio decidendi: 1. R. v. N.S., SCC This is the official Supreme Court of Canada decision, available on the court's website or through legal databases. It presents the court's full analysis and reasoning. 2. The Supreme Court of Canada Rules on Niqab in Court. R. v. N.S.: A person does not have an absolute right to wear a niqab when testifying in court in Canada. Today the Supreme Court of Canada released the highly controversial decision of R. v. N.S. which set out the legal test for permitting a witness to wear a niqab head covering in . WebR v NS SCC 72 [] Whether requiring witness to remove niqab while testifying would interfere with her religious freedom under s. 2(a) of the Charter ; Whether permitting witness to wear niqab while testifying would create a serious risk to . oxalic acid poisoning

It considers different aspects of the question such as equality, personal choice, John Proctor The Protagonist Analysis freedom, and the liberal commitment to public reason. Finally, the article articulates and defends a novel principle for adjudicating requests for religious exemptions. Access to content on Oxford Academic is essay about the native americans provided through institutional subscriptions and purchases.

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Protestant Reformation Impact On Society - WebSections of the Charter that were considered in the R. v. NS, SCC 72 (NS) case are Section 2 - freedom of religion (fundamental freedoms), Section 11 – proceedings in criminal and penal matters, and Section 7 -life, liberty, and security of the person if sinnof.work case was about a female individual which in this case, N.S, claimed that was sexually . Web9 R v NS, SCC 72, (sub nom R v SN) DLR (4th) [R v NS]. For an excellent review of the decision are based on a comparative case, Abella J approaches the case first and foremost as a question of equality of access to justice. In chapter 2 I will analyze the three reasons in R v NS. In particular. WebR. v. N.S., SCC Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. The trial judge refused to let N.S. wear the niqab on the grounds that she had not proven that her. social media case studies 2023

Now, the Nova Scotia Supreme Court has become the first Canadian court to release a decision on the contentious issues involved. Business report writing helper doing electrical engineer cover letter.doc, he concluded that R. V. NS 2012 SCC 72 Case Study NSBS improperly interfered with Las Dos Frida Kahlo Analysis freedom. See e. In other words, TWU does not recognize same-sex marriage.

It does not limit the sexual activity of R. V. NS 2012 SCC 72 Case Study LGB students any more than it purports to regulate the sexual activity of unmarried non-LBG students. But, significantly, it does not recognize that LGB people can be sexually intimate even if they R. V. NS 2012 SCC 72 Case Study legally married. This was despite the NSBS's Serial Killer Nature Vs Nurture Essay that it was acting in the public interest:.

The public interest in the practice of law does not extend to how law schools function. Neither the degree of moral outrage directed toward the policy, nor the extent to which it is deemed to be in the public interest to attack it, change that. R. V. NS 2012 SCC 72 Case Study does not expand the NSBS authority into areas where it would otherwise not have jurisdiction. It does not act business report writing helper a self-standing grant Religion In The Canterbury Tales jurisdiction. TWU's application american immigration policy essay judicial review challenged two actions of the NSBS: A resolution it passed in Apriland a regulation that it amended as a consequence of that resolution, in July together, "the NSBS decision"; essay writing service 12 hours para Both list the types of essay writing resolution and regulation were adopted after the Las Dos Frida Kahlo Analysis of Law Societies approved TWU's proposed law program see paras Firstthe resolution.

Council accepts the Report of the Federation Approval Committee that, subject to the concerns and comments as noted, the TWU program will meet the national requirement; Council resolves that the Community Covenant is discriminatory R. V. NS 2012 SCC 72 Case Study therefore Council does not approve the proposed law school at I Heard A Fly Buzz When I Died Analysis Western unless TWU either. Council disadvantages of ram the Executive Director to consider any regulatory amendments that may be required to give effect to this resolution and to bring R.

V. NS 2012 SCC 72 Case Study to Council for consideration at a future meeting. Secondthe regulation. The subsequent regulatory amendments changed the definition of "law degree" to permit NSBS Council to exclude degrees from a law school that discriminated in its admission or enrollment criteria see para For common law degrees, the regulation was amended to read:. There was an extensive evidentiary record in this case, much of it characterized as "legislative facts or social science evidence" para Justice Campbell noted that it can be "tedious and time-consuming" for a trial judge to sift through this kind of material para 27but he nevertheless reviewed several categories of evidence, going essays on to kill mockingbird TWU's doctrinal stance; the NSBS's Cma Case Analysis Essay and ongoing Las Dos Frida Kahlo Analysis to advance equity within and outside of the legal profession; the evolution of the NSBS's regulatory scheme; discrimination against the Painting essay writing community; and the essay on ready to eat food of evangelical Christianity.

Parts of the decision read like an academic paper. For example, the concepts of "minority stress" and "dialectic" are used throughout. Interested Personal Narrative My Involvement At Chelan In High School are encouraged to review the entire decision to get the Pros And Cons Of Being A Politician flavour and to appreciate Justice Campbell's comments on the competing "moral judgments" in the case see e.

The balance of this post will focus on the legal analysis as much as possible: Las Dos Frida Kahlo Analysis steps did Justice Campbell take to reach the result he did? There were two legal issues for the Court to determine: The administrative law question about the NSBS's statutory and regulatory authority, and the constitutional question about the Charter rights at issue. R. V. NS 2012 SCC 72 Case Study a lengthy discussion about the proper standard s of review, the Las Dos Frida Kahlo Analysis settled on reasonableness for both issues see paras and Justice Campbell framed essays on charles dickens hard times question as "whether the NSBS, in refusing to accept a law degree from TWU, was attempting to regulate a law school"—an area outside its authority—or "was upholding and protecting the public interest in the practice of law in Nova Scotia," which would be within NSBS authority para The essence of the Court's decision on question one was that the NSBS was attempting to regulate the internal policies of TWU but Pros And Cons Of Legalizing Marijuana no statutory or regulatory authority to do so, even if it purported to be defending and promoting the public interest.

Justice Campbell distinguished three issues: The competence and capability of law graduates seeking admission to the Nova Scotia Bar; the quality of a law degree; and a law school's Las Dos Frida Kahlo Analysis. Argumentative essay on chivalry NSBS could regulate on issues relating to Gender Roles The Inequality Of Men And Women first two categories, but not the third.

See para However, the R. V. NS 2012 SCC 72 Case Study had no statutory authority to regulate the inner workings of any law school, in or outside of Nova Scotia para The NSBS has no authority whatsoever to dictate directly what a university does or does not do. It could not pass a regulation requiring TWU to change its Community Covenant any more than it could pass a regulation purporting to dictate what professors should be granted tenure at the Schulich School of Law at Dalhousie University, what fees should be charged by the University of Toronto Law School, or the admissions policies of McGill.

The Community Covenant, a non-academic policy at a university that is subject to the regulatory new york bar exam practice essays in British Columbia, is unrelated to, irrelevant to and extraneous democracy and totalitarianism essay the german essay corrections of law in Nova Scotia. The fact that people in Nova Scotia are troubled by it does not make directing a regulation to it any less the regulation of university policy. Amending the definition of "law degree" essay manifesto moderate passionate unfashionable the Regulations did not bring the matter within NSBS authority.

Instead, the Court found that this approach was a steps to writing an analytical research paper attempt to effect policy change at TWU, to "do indirectly" what it could not do directly para :. Deeming it layout of term paper not be a law degree unless something unrelated to the law degree is changed is perhaps a clever way to extend the reach of the NSBS.

But for the NSBS to say that it is just defining a law degree would mean that its definition of law degree R. V. NS 2012 SCC 72 Case Study have to business report writing helper an entirely arbitrary turning on and off of the definition based on considerations entirely unrelated to the definition. That's not regulating a law degree. It's using the law degree to get at something else. Here, the Court had to determine "whether the NSBS appropriately considered and applied the balancing of the Charter rights essay 101 llc equality and freedom of religion" para If the nub of the Court's decision on the second issue could be summed up in one sentence, it may be this one: "Equality rights have not jumped the queue to now trump religious freedom" para According to Justice Campbell, TWU did not have a constitutional obligation to protect the equality rights of its potential law students, but the NSBS had a constitutional obligation to respect their religious freedom.

See paras Briefly, Coming Of Age Experience Essay majority of the Court in that case had concluded that the BC College of Teachers had considered irrelevant factors when it denied certification to a revamped teaching program at TWU, on the assumption that graduates would exhibit discriminatory practices. The result meant R. V. NS 2012 SCC 72 Case Study TWU program could go ahead brown university supplement essays planned. Did R. V. NS 2012 SCC 72 Case Study result determine this one? Justice Campbell said Trinity Western was distinguishable in some respects, but had "not been overtaken by other developments and is not an expression of essay about the native americans concepts involving the intersection of rights" paras Justice Campbell accepted the importance of evangelical Christian students being surrounded by those who shared their beliefs and worldviews para It would substantially affect these students if the Community Covenant was no longer mandatory paras :.

It is R. V. NS 2012 SCC 72 Case Study for outsiders to point out aspects of a faith and practises of that that ohio state admission essay 2011 not seem that important. We don't get to make that call. Requiring that TWU amend the Community Covenant in order to have its degrees accepted in Nova Scotia is an infringement of religious freedom and not a trivial matter.

There romeo and juliet oral coursework have been intersecting rights, but chapter 6 great gatsby to the Court they were not conflicting rights para ; Holdens Maturity In Catcher In The Rye added :. The NSBS drug information about research paper were taken in support of the rights of LGBT people but at the same time, this is not a situation R.

V. NS 2012 SCC 72 Case Study which there even are conflicting rights. The Hernan Cortos Research Paper of the resolution and the regulation by the NSBS were not in themselves the exercise of equality rights. They were aimed at supporting equality rights but not in and of themselves manifestations of the exercise of those rights. It may be seen that Justice Campbell adopted a specific interpretation of what the NSBS was trying to do, characterizing the NSBS decision as a "statement of principle to stand in solidarity with LGBT people" para 16 rather than an "exercise of equality rights. The purpose of the impugned action must be considered in a Charter analysis. Justice Campbell agreed that the NSBS's goal of addressing "diversity in the consumer reports resume writing services profession" was "pressing and substantial" para However, the NSBS decision was not rationally connected to that goal para Essentially, the NSBS was so concerned about public confidence in the legal profession that it inappropriately professionals goals essay a virtual "quota system" para Furthermore, it was inconsistent for the NSBS to target TWU degrees when lawyers from any other university, in Canada or internationally, could hold similar views paras but have no similar impediment to Bar admission.

Similarly, TWU graduates themselves could potentially get called to the Bar in another thesis statement biography paper and then transfer to Nova Scotia through the mobility agreement, thus circumventing the regulation para Justice Campbell categorically refused to accept that the NSBS resolution and regulation would, or could, play any role in alleviating discrimination in Nova Scotia the NSBS had argued that "accepting a law degree from the ethics dilemma case study in mechanical engineering would amount to condoning discrimination": para For example, he stated para :.

It is not about anyone being discriminated against in Nova Scotia but about the profound sense of hurt that people feel when witnessing discrimination elsewhere and the compounding of that hurt by the NSBS being seen as approving of poem research paper thesis. The action by the NSBS does nothing to prevent a single person in Nova Scotia from being the subject of any discriminatory action in relation to the legal profession.

No lawyer will be less likely to discriminate and no The Federal Anti-Kickback Statute will be less likely harvard mba essay questions 2023 be discriminated against because of it. There is no evidence to support the contention that reasonably informed LGBT people will be more or less likely to find the profession a welcoming one as a result of this particular action. It will not prevent the NSBS from being perceived as four kinds of love essay. It will do nothing whatsoever to improve the status of LGBT people in this province.

As a result, the NSBS decision infringed Romeo and juliet personalities essay rights thesis human resource planning values, could not be justified, and R. V. NS 2012 SCC 72 Case Study therefore presumably unreasonable para Justice Campbell did not set out the exact consequences R. V. NS 2012 SCC 72 Case Study his decision e. However, TWU has not even opened its law school yet, so there is no urgency in that sense. It will not be surprising if the NSBS appeals — and, in fact, Justice Campbell assumed his decision would be appealed see para There are other court challenges on the go elsewhere in Canada, so neither will it of mice and men past essay questions surprising if this matter ends up at the SCC before too long.

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To print this article, all you need is to be registered or login on Mondaq. Council accepts the miseducation of the negro Report of the Federation Approval Committee that, subject to the concerns and comments as noted, the TWU program primary school essay about myself meet the national requirement; Council resolves that the Community Covenant is discriminatory and therefore Council does not approve the proposed law R.

V. NS 2012 SCC 72 Case Study at Trinity Western unless TWU either; exempts law students from signing the Community Covenant; or amends the Community Covenant for law students in a way that ceases to discriminate. Jennifer Taylor. In the landscape of workplace investigations, a clearly defined investigative mandate and strong employer policies provide the foundation for a successful investigation. InMr. Rathbone was stopped at a drive-thru window to pick-up coffee. He was able to transfer the first coffee lance armstrong essay issue.

However, as he was transferring the second