Baljinder Badesha told the media this week that he and his supporters will lobby the politicians to change the law in Ontario that requires riders to ear motorcycle helmets.
Ontario Court Judge James Blacklock's ruled that the law requiring motorcycle helmets for riders is justified in view of possible health costs and deaths even though it violates Badesha's right to freedom of religion.
Blacklock in his judgment noted: "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."
He said: "Helmets appear to me more likely than not to substantially reduce the risk of head injuries and death to motorcycle riders.
"It is certainly clear that in permitting Mr. Badesha and all Sikh adherents who hold his religious 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."
The judge noted: "In a Michigan study of hospitalized motorcyclists conducted over roughly a four-year period, helmet-less patients were found to cost an average of $6,000 (US) per patient more than helmeted riders in hospital costs alone."
He also claimed that the court decisions in B.C. and Manitoba that exempted Sikhs from wearing helmets while riding motorcycles might be overturned if they were re-tried under recent Supreme Court jurisprudence.
However, the judge, in my opinion, misses out on many important facts. As I wrote in this newspaper a few weeks ago, "these turbaned Sikhs fought in the two world wars against fascism sporting those turbans!" and that "India and Britain as well as B.C. and Manitoba allow Sikhs to wear their turbans on motorcycles."
The Globe and Mail had also reported Badesha actually drove at 110 km per hour for Ontario Human Rights Commission to prove to the government lawyers that the turban doesn't unravel at that high speed.
And lawyers pointed out that a study they had done concluded that the increase in serious injuries would be between .43 and 2.83 Sikh riders a year if you assumed that half of all Sikh motorcyclists wear turbans. The medical treatment for traumatic brain injuries would go up from $151,700,000 to $151,834,685 - a .00005-per-cent overall increase in the province's annual health-care budget.
What about all the medical costs arising from smoking? Where do you draw the line?
Meanwhile, the World Sikh Organization of Canada expressed disappointment with the decision, noting, "The turban is an important Sikh article of faith that is not covered by any other object."
The WSO said: "While safety on the road is a very important factor, WSO believes that the wearing of a turban does not substantially raise the risk either to the rider or others on the road as has been proven by the many Sikh motorcyclists in other jurisdictions who have been riding with their turbans for many years without problem.
"Until now the challenges to the Canadian Charter of Rights and freedoms had been cloaked and camouflaged attempts by extreme fringes of our society. This latest development, coming from a court in Ontario, must be viewed as a 'wake up' call by all Human Rights groups of all shapes and stripes."
Gurpreet Singh Bal, President of WSO Canada, said: "It is great that we have a 'Charter', (but) we also need a matching collective will to uphold and defend the Charter against attacks from disruptive and destructive social and political forces."
He added: "While (this) ruling is unfortunate, WSO will continue to try to educate and inform others about the Sikh faith and the importance of the turban. We appeal to the lawmakers of Ontario to take a cue from British Columbia and Manitoba and many other jurisdictions, by enacting laws that allow Sikhs to practice their religion freely."
The WSO said: "As always, the WSO will continue its efforts to educate and negotiate with all those institutions who take positions against the rights of religious minority communities in Canada to freely practice their faith, in all aspects of Canadian society. Canada's Sikhs are known internationally for their commitment to protecting the rights of all Canadians, irrespective of race, creed or colour."
Gian Singh Sandhu, WSO Senior Policy Advisor, said: "A commitment to equality and justice is as much a part of the Canadian identity as it is a part of the Sikh religious identity."
- R.M.
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