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Ontario
court tells Baljinder Singh Badesha he can’t have both,
religion and mobike
WSN
Exclusive
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What he certainly doesn’t deserve is the
alarming degree of hostility and not-so-latent racism that is
being seen on many websites. Canada is Baljinder Singh Badesha's
country. And he deserves his rights there. All of them. |
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 Toronto:
Baljinder Singh Badesha tried hard for it. All he wanted was to be
able to ride his motorcycle while wearing his turban, avoiding to
wear the mandatory headgear of a helmet. But a Canadian court
dismissed his plea but at the same time conceded that the law did
violate his constitutional right to religious freedom.
Baljinder Singh
Badesha, the 39-year-old father of four who immigrated from
India
to Canada in 1989, was fighting a USD110 ticket he received in
September 2005 for not wearing a helmet over his turban while riding
his motorcycle. Like him, most Sikhs believe that the law
discriminates against Sikhs as helmet cannot be worn with the
turban.
Ontario's
Justice W J Blacklock ruled that the law indeed violates Badesha's
constitutional right to religious freedoms, but is justifiable under
Section 1 of the Canadian Charter for Rights and Freedom because the
safety measure dramatically reduces public healthcare costs and
saves lives.
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The court was told that a majority of Sikhs don't actually
wear a turban anymore. This of course was clearly debatable, but
the WSN hails the Canadian law as per which Badesha doesn't have
to justify wearing of turban; he is not required, under the law,
to prove that the article of faith is compulsory. What matters
only, as far as the charter is concerned, is that Badesha holds
these tenets to be true. |
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"Given the
nature of Badesha's beliefs, which foreclose him from wearing
anything over his turban, and yet the unquestioned safety and
related issues, this is one of those cases in which, unfortunately,
no accommodation appears possible," the judge ruled on the case that
took more than two years to move through the courts.
The evidence,
Justice Blacklock said, showed that to ride a motorcycle helmetless
involves the imposition of significant extra risks related to safety
and would put "undue hardship" on the province.
Badesha's lawyer
Melvin Sokolsky said they would file appeal against the judgment.
Badesha and his supporters told local media they were not
disheartened by the ruling and they would now lobby the government
to change the law.
India and
Britain exempt Sikhs from wearing helmets and so do the Canadian
provinces of Manitoba and British Columbia, where a human-rights
challenge led to the exemption.
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The Ontario Human Rights Commission has supported Baljinder
Singh Badesha. Its attorney, Scott Hutchison, had earlier told
the
Brampton court: “Telling Mr. Badesha to choose between his
religion or participating in the normal life of Ontario is
discrimination.” “Roads and riding a motorcycle are something
that is available to everybody in Ontario provided they wear a
helmet. But that condition makes it impossible for Mr. Badesha
and everybody of the Sikh religion. That amounts to
discrimination.” |
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Some Sikh youth,
striking a compromise, wear a moderate version of the turban called
patka (a minimalist rendition that looks little different from the
ubiquitous bandana), and then wear the helmet but while this is
being cited by many websites and liberal opinion in Canada, the fact
remains that they do not do so of their own volition but because not
everyone can afford to find logical solutions through legal avenues.
Badesha is trying to do that and received significant support
worldwide from within his community.
Some websites
almost attacked Baljinder Singh Badesha’s efforts saying he “didn't
want accommodation” but rather “outright exemption”. For Badesha, it
a question of staying true to the religion also and being granted
the right available to fellow citizens, something not unheard of in
democratic fights and aspirations anywhere.
 Thankfully,
Badesha appeared neither greatly surprised, nor downcast, when
Ontario Court Justice James Blacklock dismissed his constitutional
challenge of a Highway Traffic Act provision that mandates helmets
for motorcyclists.
Now, if Badesha
indeed goes ahead with his determination to file an appeal, that
would logically mean getting the Ontario Legislature to rewrite
policy to allow for statutory exceptions as a matter of faith.
Precedent is very much there. Both
Manitoba and
British Columbia have done so earlier.
Till then, as a
pious Sikh, Badesha can’t enjoy a common activity available to
anyone with a motorcycle licence. What he certainly doesn’t deserve
is the alarming degree of hostility and not-so-latent racism that is
being seen on many websites. Canada is Baljinder Singh Badesha’s
country. And he deserves his rights there. All of them.
12
March 2008
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