BC Sikhs Celebrate Kirpan Decision

March 4th, 2006 by admin

Source: CBC
Last Updated: Mar 2 2006 01:34 PM PST

Sikhs in B.C. are cheering the Supreme Court of Canada’s decision that upholds the right of Sikh children to wear a ceremonial dagger to school.

The case involved a Montreal student who wasn’t allowed to wear his kirpan to school. Schools in B.C. have long permitted orthodox Sikh students to wear the ceremonial dagger.

Gurbaj Singh

In its 8-0 judgment, the Supreme Court ruled on Thursday that a total ban infringed on Gurbaj Singh’s guarantees of religious freedom under the Charter of Rights. The Supreme Court threw out arguments from lawyers for the Quebec school board that originally implemented the ban, saying there is no suggestion the kirpan is a weapon of violence or that Gurbaj intended to use it as one. The argument is “disrespectful to believers in the Sikh religion and does not take into account Canadian values based on multiculturalism,” wrote Justice Louise Charron. “If some students consider it unfair that Gurbaj Singh may wear his kirpan to school while they are not allowed to have knives in their possession, it is incumbent on the schools to discharge their obligation to instil in their students this value that is … at the very foundation of our democracy.” The case stems from a November 2001 incident at Ste-Catherine-Laboure school in LaSalle. Gurbaj’s cloth-wrapped dagger came loose from around his waist and fell to the ground at the elementary school. The school’s principal ordered the 12-year-old to remove the kirpan, but Gurbaj left school rather than remove the 10-centimetre-long dagger, which he says is a key component of his faith. He eventually switched to another school and his family took the matter to court. Jasmohanjit Kaur Gill, vice-principal at the Khalsa school in Surrey, says the decision will be on everyone’s mind at the school. “I think in our school, everybody is going to be happy that we have the right to wear kirpan,” said Gill. Gill’s daughter Gulroop attends Grade 10 at the school. She says she’s never had a problem wearing a kirpan in the Lower Mainland. “I’ve never heard of any case where people are offended or worried,” she said.

Lower court decision upheld

The case has been winding its way through the legal system for four years. In May 2002, the Quebec Superior Court ruled Gurbaj could wear his kirpan to school if it was wrapped in heavy cloth inside a wooden case, underneath his clothing. Quebec’s government at the time, the Parti Québécois, appealed the decision. In 2004, the Quebec Court of Appeal struck down the decision, ruling the kirpan had the makings of a weapon and was dangerous. Although banning the weapon was a hindrance to freedom of religion, the court ruled that community safety comes first.

McGill University professor Jack Jedwab said Canadians are looking for guidance in determining where to draw the line when it comes to issues of religious freedom. “People are looking for some leadership on this point and hopefully they’ll get some from the Supreme Court,” he said. Manjeet Singh, the Sikh chaplain at McGill and Concordia universities, who also assisted Gurbaj Singh’s legal team, said baptized Sikhs believed the kirpan is a symbol of courage, freedom and responsibility to stand up for their rights. “It is one of the five articles of faith that every baptized Sikh is supposed to have on their person, all the time,” said Manjeet Singh. Craig Buchanan, the vice-president of English affairs with the Quebec Federation of Parents Committee, said the issue is divisive. “It’s a tricky situation. If you start to try to limit the religious freedoms, then what’s that going to do to other religious freedoms?” said Buchanan. “And if you seek to compromise safety in schools, how far is that going to go as far as safety in the schools?”

Little impact in B.C.

Although the ruling isn’t likely to have much of an impact here, the B.C. Civil Liberties Association says the decision is important in Canada. “This ruling has implications for the freedom of religion in schools in various ways,” said executive director Murray Mollard. “The Supreme Court of Canada recognized that in our multicultural society, the state, if it’s going to restrict expressions and exercises of religious freedoms, [is] going to have to have a very good reason to do so.” Mollard says the ruling illustrates an important difference between Canada and other countries – such as France, where students were forbidden to wear religious head coverings in school. McGill University professor Jack Jedwab said Canadians are looking for guidance in determining where to draw the line when it comes to issues of religious freedom. “People are looking for some leadership on this point and hopefully they’ll get some from the Supreme Court,” he said. Craig Buchanan, the vice-president of English affairs with the Quebec Federation of Parents Committee, said the issue is divisive. “It’s a tricky situation. If you start to try to limit the religious freedoms, then what’s that going to do to other religious freedoms?” said Buchanan. “And if you seek to compromise safety in schools, how far is that going to go as far as safety in the schools?”


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