Sikhs Vow to Litigate Helmets Issue – New Canadian Media – NCM

More on the Sikh motorcycle helmut controversy. A motorcycle as a “standard mode of transportation?” Perhaps, but a higher risk one, hence the need for helmets:

In Ontario, the helmet law as it applies to Sikhs was first challenged in 2008, when the Ontario Human Rights Commission took up the cause of Baljinder Badesha, who was fighting a $110 ticket he received a few years prior for refusing to wear his motorcycle helmet. Scott Hutchison, a constitutional lawyer at Henein Hutchison LLP, represented the OHRC in that case, arguing reasonable accommodation is justified for Sikh motorcyclists, given that observant Sikhs would otherwise be unable to access a standard mode of transportation. Ontario Court Justice James Blacklock, however, ruled against Badesha and the OHRC, issuing a 35-page decision. In it, he writes an exemption would render the helmet law unwieldy, since anyone violating it could simply claim they were devout.

“The officer wouldnt know if he was dealing with a devout Sikh or not, unless he took the word of the accused.”

The original challenge brought by the Ontario Human Rights Commission in 2008 sought an accommodation exemption based on the province’s Human Rights Code. A subsequent appeal of the decision to the Ontario Superior Court in 2011 upped the ante, focusing on Charter rights violations. In the end, Justice John Takach found no error in the lower-court ruling.

Sikhs Vow to Litigate Helmets Issue – New Canadian Media – NCM.

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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