Canadian judges should decide on a case-by-case basis whether women can wear the niqab, a full-face veil, while testifying in court, but a blanket rule on the issue would be “untenable,” Canada’s top court said on Thursday.

The decision said lower courts must consider, among other things, the harm that could come if Muslim women who wear the niqab feel discouraged from reporting offenses.

But the ruling also said that where a witness’s credibility is central to the case, “the possibility of wrongful conviction must weigh heavily in the balance.” Judges must also consider the sincerity of a witness’s religious beliefs.

The case turns in part on the value of facial expressions in court. Government lawyers argued that facial cues can reveal deception and are thus important when cross-examining witnesses. The appellant argued that untrained people cannot detect deception using facial expressions, and that in any case, a niqab does not obscure the wearer’s eyes or tone of voice.   »»» Reuters FaithWorld

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