I am delighted to have the opportunity to speak to you on the occasion of the United Sikhs 3rd Annual Global Sikh Civil Rights Conference.
Indeed I am very proud to be associated with United Sikhs, its dynamic leaders and their commitment to sarbat – da – bhala or the well being of all of humanity.
As Guru Nanak Shahib Ji taught us:
"Without doing good to others, devotion remains imperfect.".
I truly believe that this organization represents a credible, dynamic and effective model for all communities in its exemplary humanitarian and civil liberties advocacy on behalf of all social, cultural, and religious communities. This collaborative work with other communities is essential in order to enhance and protect the civil liberties of everyone.
As a lawyer and community leader who has worked extensively on issues affecting minority communities all of my adult life, I cannot emphasize enough the importance of the work that is being done by United Sikhs.
Regrettably, in the post 9/11 era we have seen an increased threat to the safety and welfare of a number of communities including the Sikh community. There has been a global erosion of civil liberties and protection for Sikhs and others.
We have seen some of the worse transgressions in some Western societies such as France. Ironically, these are the societies that are supposed to be champions of democratic values, freedoms and the rule of law.
It is incumbert upon us to exercise increased vigilance against any erosion of civil rights and religious freedoms.
Where there have been erosions of these rights and freedoms for any community, we must demand that they be restored. An impingement on the dignity and respect of any community should be viewed as an affront to all of us.
In Canada, we have our own tarnished history of overt discrimination against religious and cultural minorities including against Sikhs, Jews, Japanese, Chinese, and others. 354 passengers were turned away from Canada in 1914 on the Komagata Maru and the 900 European Jews on the SS. St. Louis in 1939. Some of the returnees were killed and we will forever live with this shameful part of our history as Canadians but hopefully we have learnt from our mistreatment of minorities and will never repeat this.
Notwithstanding our ongoing challenges with discrimination and racism, I am optimistic about the future treatment and protection of minorities in Canada, largely because of two reasons.
Firstly, our minority communities have increased and are increasing exponentially to the point where they are becoming majorities in some jurisdictions. Consequently it is increasingly difficult to marginalize our communities as they now weild more social, economic and political influence.
Secondly and more importantly our Appellate Courts have been very willing to intervene to protect minorities. As we know the Sikh community has contributed enormously to ensuring these protections in cases dealing with religious headwear and kirpans such as Bhinder and Multani.
The Supreme Court of Canada, in a landmark majority ruling in the 2004
"Amselem decision", held that the State cannot regulate personal religious beliefs. Our Supreme Court held that when courts undertake to analyze religious doctrine in order to determine the truth or falsity of a contentious matter of religious law, or when courts attempt to define the very concept of religious \obligation, "they enter forbidden domain."
Writing for the majority Justice Iacobucci found the trial judge and the majority
of the Court of Appeal took a "dubious, unwarranted and unduly restrictive" view of freedom of religion.
He concluded that the basic principles underlying freedom of religion consists of the freedom to harbour beliefs and undertake practices, having a nexus with religion, in which an individual demonstrates he or she sincerely believes or is sincerely undertaking in order to connect with the divine or as a function of his or her spiritual faith, irrespective of whether a particular practice or belief is required by official religious dogma or in conformity with the position of religious
officials. Objective and personal notions of religious belief, obligation, commandment, custom or ritual are encompassed by this freedom.
As a result, Justice Iacobucci held that both obligatory and voluntary expressions of faith should be constitutionally protected in Canada. As it is the religious or spiritual essence of an action, not the mandatory nature of its observance, that attracts protection.
Importantly, the Honourable Justice asserted that that an inquiry into the
mandatory nature of an alleged religious practice is both inappropriate and plagued with difficulties.
He further stated, "the State is in no position to be, nor should it become, the arbiter of religious dogma." …
In a recent Court of Appeal decision in Ontario involving the wearing of a facial veil by a Muslim women during testimony of a preliminary inquiry the appellate court reminded us that when forced with competing constitutional protections, the Court must endeavour to render decisions that reflect an appropriate reconciliation of those values as no constitutionally protected right should be treated as absolute and no one right should be regarded as in entirety superior to another.
Unfortunately, in other jurisdictions around the world, this enlightened approach taken by Canadian courts is not mirrored. Consequently, it is imperative that we support organizations like United Sikhs that are in the forefront of advocating for the protection of the rights and freedoms of all communities. We all have an obligation to contribute to this important cause and leave the appropriate legacy for succeeding generations. Unless we work diligently and collaboratively to protect the rights and freedoms of religious and cultural minorities we will be colleactively responsible for leaving a questionable legacy for succeeding generations. Our obligation could not be clearer.
I regret that I am unable to attend this important event.
I wish you all a successful conference.
Thank you.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
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