BRAMPTON, Ont. - A judge has ruled Ontario's helmet law does not discriminate against a turban wearing Sikh motorcyclist.
Baljinder Badesha's fight against a $110 fine for not wearing a helmet took on the character of a constitutional challenge, with the Ontario Human Rights Commission intervening on his behalf.
The commission argued the provincial helmet law discriminates against Badesha because it violates his constitutional rights.
Ontario Court Justice James Blacklock ruled against that argument Thursday.
Blacklock says allowing Badesha and other Sikh motorcyclists to ride without helmets would put "undue hardship" on the province because of safety concerns.
Similar challenges have seen exemptions made for Sikh motorcyclists in British Columbia and Manitoba. The United Kingdom, Hong Kong and India also allow devout Sikhs to forego the helmet.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
1 comment:
Interesting story developing here. It'll probably be in "full bloom" court-challenge mode when the election runs.
Here's my take - being a Sikh myself - albeit a "non-practicing one". There is religious requirement to wear headgear to cover the uncut hair of baptised Sikhs - also known as "amrit-hardy" Sikhs.
While the court may think it is making a case, what it is really doing is asking religious Sikhs to cut their hair - which is sacreligious to them. How? Basically, the court is assuming that a Sikh can wear his/her hair tied up in the normal way - under a helmet, and do it safely. Unfortunately, a helmet cannot be properly worn in this manner.
Further to this, independent studies have shown that a properly worn turban - secured on the head DOES provide a high degree of protection for the wearer in a crash. Is it an equal degree of protection as a helmet? It's not certain. Is it better protection than a bare head? It most definitely is.
The bottom line, however, is that the wearer has a religious right - and duty in this case - to wear said headgear.
This one is not over yet. Not by a longshot.
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