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Niqab controversy: Judge struck down ban without referring to charter
When Federal Court Judge Keith Boswell ruled last month that a woman could wear a niqab while taking her oath of Canadian citizenship, supporters may have thought the decision was another victory for charter rights.
During the controversy over the niqab ban, the charter was certainly cited, in particular regarding religious freedom and freedom of expression rights.
But in his ruling, Boswell avoided any charter issues, focusing not on whether the woman's rights had been violated, but rather the legality of the ban.
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