Judge rules against Sikh challenge of helmet law
Last Updated: Thursday, March 6, 2008 | 10:57 AM ET
CBC News
Related
Video
- Kas Roussy reports for CBC-TV (Runs: 2:44)
- Play: Real Media »
- Play: QuickTime »
A judge in Brampton, Ont., rejected a human rights challenge to an Ontario law on Thursday, ruling that motorcyclists must wear helmets while riding because safety concerns outweigh religious rights.
Ontario court of justice Judge James Blacklock ruled against a challenge to the Ontario Highway Traffic Act that had been launched by Baljinder Badesha, a devout Sikh who was fined $110 in 2005 for not wearing a helmet while riding a motorcycle.
Badesha, who was wearing a turban at the time, refused to pay the fine, arguing that the law was discriminatory because it violated his religious rights.
The Ontario Human Rights Commission had supported his position, saying the issue was about religious accommodation.
Blacklock said "no accommodation appears possible" under the law because there is no question that helmets reduce the risk of head injuries suffered by motorcyclists in crashes.
He said allowing Badesha, along with other Sikh motorcyclists, to ride a motorcycle without wearing a helmet would put "undue hardship" on the province to maintain safety standards.
Badesha said after the ruling that his religion dictates that he refrain from wearing a helmet. "We cannot put anything over the turban. It's against our religion."
Mel Sokolsky, his lawyer, said his client is hoping that the Ontario government will consider changes to the law to exempt Sikh men from wearing helmets while riding motorcycles.
A group of Sikh men, all wearing turbans, gathered outside the courtroom to support Badesha in his fight against the law.
Manjit Mangat, one of his supporters, said the fight will continue. "We have to educate this community more, including the government and decision-makers," he said.
"They don't know our culture and religion. I think they have to be educated more and we will keep working on it."
The ruling is contrary to other rulings on the same issue in B.C., Manitoba, the United Kingdom, Hong Kong and India.
Exemptions were made in those jurisdictions for Sikh motorcyclists, allowing devout Sikhs to wear turbans instead of helmets.
Badesha has 30 days to pay the $110 fine for not wearing a helmet while riding his motorcycle.
With files from the Canadian PressShare Tools
Latest Toronto News Headlines
- Toronto throws open its doors this weekend
- More than 130 buildings are open to the public this weekend as part of Doors Open, Toronto's annual celebration of accessible architecture. more »
- TTC shuts section of Yonge subway this weekend
- The TTC is going to shut down a large section of the Yonge-University-Spadina subway all weekend for track construction. more »
- Toronto vet tranquilizes wayward deer
- CBC cameras capture a Toronto vet's dramatic takedown of deer wandering near a busy highway on Friday. more »
- Toronto Marlies down Barons to advance to AHL final
- Simon Gysbers scored the game-winning goal to propel the Toronto Marlies into the American Hockey League's Calder Cup final after defeating the Oklahoma City Barons 3-1 on Friday. more »
Top News Headlines
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- More than 90 killed in central Syria, activists say
- Activists have raised the number of those reportedly killed by regime forces in a district of central Syria to more than 90. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of five climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
- B.C. premier unhappy with disgraced Mountie's transfer
- B.C. Premier Christy Clark says she is not happy with the RCMP decision to transfer a disgraced Alberta Mountie to the West Coast. more »
- Everest victim's husband says family not seeking government help
- Serial carjacker gets life term for fatal crash
- 'Save me' last words of Mount Everest climber
- Toronto throws open its doors this weekend
- 'Gay-straight alliances' get green light under Ontario bill
- TTC shuts section of Yonge subway this weekend
- Ottawa promises $140M for Rouge Natural Urban Park
- Toronto vet tranquilizes wayward deer
- Legoland coming to Toronto area next spring

