Sikh loses court challenge to ride motorcycle without helmet

[xShadowrider]

Just an update to a thread that appeared here a couple of weeks ago, as reported in the local news:

"A Sikh on Thursday lost his bid to ride his motorcycle without safety headgear when a court upheld Canada's helmet laws, ruling that riding without it would increase public healthcare costs in the event of a crash.

Baljinder Badesha, 39, immigrated to Canada in 1989 and had been an avid motorcyclist in his native India.

He challenged a law requiring him to wear a helmet over his turban when riding a motorcycle after being ticketed in mid-2005 for doing so, about a month after he purchased a Honda Shadow motorcycle.

Ontario Court Judge James Blacklock ruled the law indeed violates his constitutional right to religious freedoms, but is justifiable because the safety measure dramatically reduces public healthcare costs and saves lives.

"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 said in his decision.

Badesha and his supporters told local media they were not disheartened by the ruling, saying they would now lobby the government to change the law.

He maintains the helmet law discriminates against Sikhs because their religion obliges them to cover their long hair with nothing more than a turban."

[John451]

A Victory for common sense

[Taz]

Originally Posted by John451

A Victory for common sense

Yea, but the judge opened a whole can of worms agreeing in his statement that it "DOES" violate his rights

He should of stated it takes away his privilege not his rights !

[Sam31]

Originally Posted by xShadowrider

He maintains the helmet law discriminates against Sikhs because their religion obliges them to cover their long hair with nothing more than a turban."

Amazing, only people with a real sense of entitlement can make a law that applies to everyone into "discrimination".

[34468 Randy]

Preventing someone from the Sihk religion from wearing a turban certainly does violate his right to freedom of religion under our Charter of Rights here in Canada. However as far as I am aware, nowhere in this Charter of Freedoms and Rights does it say it is your right to ride a motorcycle. If you are successful in the examination and road test criteria, then you are entitled to the privilege of getting the appropriate class license and to ride. Just follow the rules (laws). Whether or not you agree with the helmet legislation at this point is mute. It is the law and you must obey that law until such time it is changed. I have met many Sihks who do not wear a turban. They have their own reasons for this and that is non of my business. I know many Catholics as well. Some wear crosses, some do not. I cannot say I am the most educated man when it comes to religion. If you work in a hazardous work environment, I believe most jurisdictions' Worker's Compensation Boards, or their equivalent in the USA, require everyone to wear safety gear including helmets.

Don't want to wear a helmet then this is just fine with me. Park the bike and take the bus. I find myself in the unusual position of agreeing with the judge for a change. Our un-elected judges here in Cnanda have a trenancy to be weak kneed when it comes to protecting the rights of the public in general, and favour the criminal far to much

Blh, blah, blah, blah, blah!

[drewl]

they have that mouldable padding now, dude could make a killing selling turban/helmets. I bet he could even get them dot/snell aproved.

[NeverlosT]

I would most definitely kick that lawsuit happy guy in the jimmy.

At least the judge was something intelligent. Sure it is your right to wear a turban, but it is not your RIGHT to ride a bike. You dont HAVE to ride a bike. If you want the privelidge, then bow to the necessary regs. You arent above the law just because you feel special. Everyone is unique. Everyone is special. Thats what my 3rd grade teacher said!