Canada Supreme Court In Split Decision Sets Out Balancing Test On Right Of Witness To Wear Niqab

Canada Supreme Court In Split Decision Sets Out Balancing Test On Right Of Witness To Wear Niqab
The Supreme Court of Canada today, in a widely watched case, handed down its decision on whether a Muslim woman who for religious reasons wears a niqab that covers her face can be required to remove it while testifying in court. The issue arose at a preliminary inquiry involving criminal charges against the woman's uncle and cousin who she accused of repeatedly sexually assaulting her when whe was a young girl. (See prior posting.) In "R. v. N.S.," (Sup. Ct. Canada, Dec. 20, 2012), Chief Justice McLachlin, writing for 4 of the 7 Supreme Court justices set out a balancing test, and held that the case should be remitted to the judge conducting the preliminary inquiry to apply the test:

Two sets of Charter rights are potentially engaged - the witness's freedom of religion and the accused's fair trial rights, including the right to make full answer and defence. An extreme approach that would always require the witness to remove her niqab while testifying, or one that would never do so, is untenable. The answer lies in a just and proportionate balance between freedom of religion and trial fairness, based on the particular case before the court. A witness who for sincere religious reasons wishes to wear the niqab while testifying in a criminal proceeding will be required to remove it if (a) this is necessary to prevent a serious risk to the fairness of the trial, because reasonably available alternative measures will not prevent the risk; and (b) the salutary effects of requiring her to remove the niqab outweigh the deleterious effects of doing so.....Justice LeBel joined by Justice Rothstein held that they would impose a "clear rule" that a niqab cannot be worn at any stage of the criminal trial:

The Charter protects freedom of religion.... But fundamental too are the rights of the accused to a fair trial, to make full answer and defence to the charges brought against him, to benefit from the constitutional presumption of innocence and to avert wrongful convictions. Since cross-examination is a necessary tool for the exercise of the right to make full answer and defence, the consequences of restrictions on that right weigh more heavily on the accused, and the balancing process must work in his or her favour.Justice Abella, on the other hand, would allow the witness to wear her niqab while testifying:

Since not being able to see a witness's whole face is only a partial interference with what is, in any event, only one part of an imprecise measuring tool of credibility, there is no reason to demand full "demeanour access" where religious belief prevents it..... Defence counsel still has the opportunity to rigorously cross-examine the witness.A witness who is not permitted to wear her niqab while testifying is prevented from being able to act in accordance with her religious beliefs. This has the effect of forcing her to choose between her religious beliefs and her ability to participate in the justice system. As a result, complainants... may choose not to bring charges for crimes they allege have been committed against them, or... may resist being a witness in someone else's trial. Where the witness is the accused, she will be unable to give evidence in her own defence.... [S]exual assault complainants, whose evidence will inevitably be contested, will be forced to choose between laying a complaint and wearing a niqab, which may be no meaningful choice at all. The Toronto Globe and Mail reports on the decision, as does Constitutional Law Prof Blog. CBC News reviews several other controversies in Canada in recent years involving the right to wear a niqab. [Thanks to Ruthann Robson for the lead.]

Reference: healing-magic.blogspot.com

Dione

Dione
"DIONE "WAS AN ANCIENT CRETAN GODDESS OF WATER, FERTILITY, AND DIVINATION. SHE IS A MYSTERIOUS FIGURE IN GREEK MYTHOLOGY FOR LITTLE WAS WRITTEN ABOUT HER IN EARLY LITERATURE. IT IS SAID BY SOME THAT SHE WAS ONE OF THE EARLIEST TITANS AND THE DAUGHTER OF "GAIA" AND "OURANOS. " HER NAME LITERALLY MEANS "GODDESS". IN LATER GREEK LEGEND, "DIONE" IS AN "OCEANID," DAUGHTER OF THE OCEAN, THE CONSORT OF "ZEUS", AND THE MOTHER OF "APHRODITE".

Aphrodite threw herself into her mother's lap,

divine Dione, who took her daughter in her arms,

stroked her with her hand, then said:"My dear child,

which of the heavenly gods has done this,

acted so brazenly against you, as if

you'd done something evil in broad daylight?"

--Homer, Iliad--

OTHERS CLAIM THAT "DIONE" WAS AN EARTH AND MOTHER GODDESS WITH A BACKGROUND SIMILAR TO THAT OF "DEMETER". SHE WAS ADORED AT THE ORACULAR SHRINE OF "DADON"A IN "PELASGIAN," GREECE WHERE "DANAAN" PRIESTESSES WORSHIPPED "OAKS "AS MANIFESTATIONS OF THE "GODDESS DIONE..."UNTIL, BY COMMAND OF AN ORACLE," ZEUS" WAS INTRODUCED, WHEN, FOR A TIME, BOTH DIVINITIES WERE WORSHIPPED CONJOINTLY, AND BOTH THEIR EFFIGIES APPEARED ON GREEK COINS. BUT EVENTUALLY" DIONE" WAS ALL BUT FORGOTTEN.

TODAY, "DIONE" IS A MOON OF "SATURN" DISCOVERED BY GIOVANNI CASSINI IN 1684.

Credit: pagan-magic.blogspot.com

Friday Tarot The Fools Journey Cntd The Hanged Man

Friday Tarot The Fools Journey Cntd The Hanged Man

THE HANGED MAN:

The Fool settles beneath a tree, intent on finding his spiritual self. There he stays for nine days, without eating, barely moving. People pass by him, animals, clouds, the wind, the rain, the stars, sun and moon.On the ninth day, with no conscious thought of why, he climbs a branch and dangles upside down like a child, giving up for a moment, all that he is, wants, knows or cares about. Coins fall from his pockets and as he gazes down on them - seeing them not as money but only as round bits of metal - everything suddenly changes perspective. It is as if he's hanging between the mundane world and the spiritual world, able to see both. It is a dazzling moment, dreamlike yet crystal clear. Connections he never understood before are made, mysteries are revealed. But timeless as this moment of clarity seems, he realizes that it will not last.Very soon, he must right himself, and when he does, things will be different. He will have to act on what he's learned. For now, however, he just hangs, weightless as if underwater, observing, absorbing, seeing.

Source: witch-selena.blogspot.com

Negativity Spells

Negativity Spells
3 X 3 SPELL (author unknown)

To get rid of physical, emotional, or spiritual negativity, and to bring forth balance in your life, try the Three Times Three spell. This spell is best performed outdoors during the 3rd quarter of the moon. You will need one BLACK CANDLE, a small spool of cotton twine, a small amount of lamp oil, a deep dish to contain the candle, sand to fill the dish, and a sharp knife or Witch's ATHAME. Using the knife/athame, inscribe the name of the person, or word symbolizing the negative situation you are experiencing, near the bottom of the candle. Place the candle between your palms and breathe on the CANDLE three times. With each breath, imagine you are exhaling the negativity you have received onto the candle. Take the cotton twine, and tie it around the base of the candle so that at least two feet of twine hangs from the knot. Begin tightly coiling the twine around the candle in a counter-clockwise direction. While doing so visualize a giant, protective, mirrored egg surrounding you and repeatedly chant:

"Three time three, as ye have sown

Is thine to reap, thy harvest grown.

For best, for worst, for praise or chide,

The Gods alone your fate decide!"

Continue wrapping the candle with the twine until you have spiraled to the top, covering every bit of candle. Loop the twine, trying it in a knot to one of the coils at the top near the wick. Next, take the oil and liberally smear the twine and candle with it--cover every inch of the entwined candle. Pour the sand into the dish and then wedge the candle into the sand so that it stands erect, then light it on fire. Watch as the candle melts away, knowing that the magical attack has been deflected.

SPELL TO DISABLE ANY NEGATIVITY


If there is someone always on your case who wishes you ill, this is a powerful energy magic spell to disable the attacks without resorting to any negativity yourself. However, you can if you want to, surround this spell with any amount of bells and whistles you feel you need to strengthen it further. This might include casting a circle, calling in archangels or guides to assist you, considering what day or time of day might be the best for you and many other things besides. When you do this spell, raise energy first through yourself, and visualise the negative person being enfolded in a bubble of clear, mirror smooth energy to keep their negativity inside. This is an interesting manouvre because it has a dual action - this bubble in which they become encased contains their energy emissions absolutely and doesn't make any distinction between good or bad emissions. So should they think loving thoughts, they will be healed just the same as they will be getting painful repercussions from thinking or broadcasting ill thoughts.

Here is the core spell:


All acts of negativity will now return threefold to thee.

All bad you try to send my way upon your own self will hold sway.

All actions, thoughts and words of hate become your own decided fate.

By all up high, the worlds and wise by oceans wide and deep blue skies by day and night, and powers three this is my will, so mote it be!

The more power you can raise before you cast this spell, the longer lasting and more profound the spell becomes. From Magic Spells and Potions

BANISH NEGATIVITY


Now is a good time to rid yourself of anything negative that is bothering you. This could be something from the past you can't let go of, a negative attitude in general, or regrets. Or perhaps you feel someone is acting negatively toward you. Use this spell to break that negative energy. You will need a BLACK CANDLE and a small piece of string or sewing thread. Light the CANDLE. Visualize the negative aspect you wish to dispel; the string represents this negativity. Now imagine yourself free from it and hold the string at each end, pulling it tight in the middle. Pass the center of the string through the candle flame as many times as it takes to burn through it. Once the string is severed, bury the pieces of string in separate locations. Allow the candle to burn out. By: Ember

WE TRY TO CREDIT ALL ARTCILES BUT SOMETIMES WE DON'T KNOW THE SOURCE. SOME INFORMATION IS FROM OUR OWN RESEARCH AND SOME IS SENT TO US BY FRIENDS AND CUSTOMERS. IF YOU SEE SOMETHING HERE THAT IS YOURS AND YOUR NOT GETTING CREDIT FOR IT PLEASE CONTACT US AND WE WILL ADD YOU AS THE AUTHOR OR REMOVE IT IF REQUESTED. WE WANT TO THANK EVERYONE FOR SHARING THIS WONDERFUL INFORMATION!

Varuna God Of The Oceans

Varuna God Of The Oceans
Varuna, the god of the oceans, is shown as a fair-complexioned man riding a monster fish called Makara, which has the head and legs of an antelope. He may have two to four hands and in one of his right hands he carries a noose.Varuna lost his importance even during the Vedic times. Of his former character of a celestial deity, he retains only the title of the regent of the Western quarter of the compass. The mythological explanation of this great fall is that a great conflict occurred between gods and demons and when it was over each of the gods was assigned a clearly defined sphere of influence to avoid further conflicts. From this time onward Indra remained god of the atmosphere while Varuna was ousted from the guardianship of the heavens and was given the over-lordship of the oceans. Here he kept watch over the various demons of the ocean. Varuna sits with his wife, Varuni, on a throne of diamonds and the gods and goddesses of the different rivers, lakes and springs form his court.HANDICRAFTS

Source: my-spiritual-path.blogspot.com

Followers

Popular Posts