For centuries, the Canadian state engaged in systematic religious persecution of Indigenous peoples through legal prohibitions, coercive residential schooling, and the dispossession and destruction of sacred sites. Though the Canadian government has abandoned the criminalization of Indigenous religious practices and is beginning to come to grips with the devastating legacy of residential schools, it continues to permit the destruction and desecration of Indigenous sacred sites. Sacred sites play a crucial role in most Indigenous cosmologies and communities; they are as necessary to Indigenous religions as human-made places of worship are to other religious traditions. The ongoing case of Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) represents the first opportunity for the Supreme Court of Canada to consider whether the destruction of an Indigenous sacred site constitutes a violation of freedom of religion under subsection 2(a) of the Canadian Charter of Rights and Freedoms. Building on the ground-breaking work of John Borrows and Sarah Morales, we will argue that Indigenous spiritual traditions have a home in this provision and merit a level of protection equal to that enjoyed by other faith groups in Canada. In general, subsection 2(a) will be infringed by non-trivial state (or state-sponsored) interference with an Indigenous sacred site. Moreover, the approval of commercial or industrial development on an Indigenous sacred site without consent and compensation will generally be unjustifiable under section 1 of the Charter. Recognition of these principles would signal respect for the equal religious citizenship of Indigenous Canadians.
This article examines three judicial decisions in three different jurisdictions involving niqab-wearing women in courtrooms. Particular emphasis is paid to the Canadian Supreme Court case of R v. NS in which a sexual assault complainant wanted to wear her niqab while testifying. The uniquely challenging context of sexual assault, which has garnered much feminist attention and reform internationally, is considered. It is argued that serious consideration must be given to the multiple rights of Muslim women by reassessing the traditional use of demeanor evidence. Some judges in these cases attempt to be inclusive of niqab-wearing women in accordance with policies of multiculturalism, yet they do not go far enough in protecting Muslim women's rights. Other judges refuse to accommodate the niqab entirely. This troubling analysis parallels attempts made to exclude niqab-wearing women from public spaces in Canada and permits dubious objections that certain requests for accommodation have gone too far.
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