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Turban turmoil for Sikh motorcycle riders
Helmet Ban Man Baljinder Badesha |
Judge James Blacklock ruled that while he is aware of the possible infringement on religion rights, all motorcycle riders must wear a helmet, even if it means that Sikhs must take off their turban.
"Given the nature of Mr. Baljinder 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," Judge Blacklock ruled.
Outside the courthouse, Badesha told reporters he hasn't decided whether he will appeal but he and his supporters will lobby politicians to change the law.
Judge Blacklock ruled: "Helmets appear to me more likely than not to substantially reduce the risk of head injures and death to motorcycles riders.
"It is certainly clear that in permitting Mr. Badesha and all Sikh adherents who hold his religion views to ride motorcycles without a helmet would not achieve the same level of safety for them.
"The same level of protection against emotional trauma and economic turmoil would certainly not be available to their dependents and loved ones.
"The same level of safety would not be achieved for other users of the road who happen to be around them."
Although Badesha is aware of safety concerns, he has maintained that the helmet law discriminates against Sikhs because their religion dictates that they must cover their long hair with a turban.
Lawyer Scott Hutchinson, who represented the Ontario Human Rights Commission followed on that note: "Observant Sikhs are put in the impossible position of choosing between ordinary, everyday activities and observing their faith."
In court, the Crown declared that turbans unravel rapidly at high speeds, posing a safety risk for the rider and others who are nearby.
The Crown's test had been conducted by a professional engineer who wrapped a turban around a mannequin head, jimmied it on a stick and placed it in a wind tunnel.
It was later revealed that the mannequin had been subjected to winds of 300 kilometers per hour, a hurricane compared to the breeze a rider experiences going 110 km/h.
Harjiner Thind, president of the Vancouver-based Sikh Motorcycle Club, says the Sikh community is upset about the court’s ruling and believes it was based on inaccurate and misleading information.
"Even Hutchisoin could not find a single case that could prove a Sikh's turban unravels when he rides a motorcycle at the speed limit," he said, "but of course, 300 km/h of wind blowing through a tunnel will knock off a piece of cloth on a mannequin."
"I'm a rider myself. I have driven a motorcycle at 120 km/h and my turban never unraveled," he added.
Badesha, who is 39-years-old and a father of four, seemed to be in good spirits after the judge's ruling, even joking that he might sell his motorcycle.
But despite Badesha's nonchalant attitude, the World Sikh Organization (WSO) of Canada expressed great disappointment with the court's decision, especially in light of recent exceptions made for Sikhs in British Columbia and Manitoba.
"This latest development, coming from a court in Ontario, must be viewed as a 'wake up' call by all Human Rights groups," said Gurpreet Singh Bal, president of WSO Canada. "We need a matching collective will to uphold and defend the Charter against attacks from disruptive and destructive social and political forces."
Badesha has 30 days to pay a $110 ticket for riding without a helmet he received in September 2005 in Brampton, Ont., some 45 kilometers northwest of Toronto. That is unless he appeals his case, which Thind hopes he does.
"We are supporting him financially and morally in order to file an appeal," he said. "We are confident that like Manitoba, England and B.C., Sikhs will be allowed to wear their turban and ride motorcycles freely in Ontario."
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