Supreme Court overturns ban on Sikh dagger
Last Updated Thu, 02 Mar 2006 10:01:16 EST
CBC News
A Montreal Sikh boy can now wear his ceremonial dagger in the classroom after Canada's top court overturned a ban on the kirpan.
In its 8-0 judgment, the Supreme Court of Canada ruled on Thursday that a total ban infringes guarantees of religious freedom under the Charter of Rights.
Gurbaj Singh
The case stems from a November 2001 incident at Ste-Catherine-Laboure school in LaSalle. Gurbaj Singh Multani'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.
FROM MAY 17, 2002: Sikh boy wins kirpan case in Quebec
His family took the case to court, and 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.
FROM CBC ARCHIVES: Religion in the Classroom
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 for 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?"
Headlines: Canada
Last Updated Thu, 02 Mar 2006 10:01:16 EST
CBC News
A Montreal Sikh boy can now wear his ceremonial dagger in the classroom after Canada's top court overturned a ban on the kirpan.
In its 8-0 judgment, the Supreme Court of Canada ruled on Thursday that a total ban infringes guarantees of religious freedom under the Charter of Rights.
Gurbaj Singh
The case stems from a November 2001 incident at Ste-Catherine-Laboure school in LaSalle. Gurbaj Singh Multani'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.
FROM MAY 17, 2002: Sikh boy wins kirpan case in Quebec
His family took the case to court, and 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.
FROM CBC ARCHIVES: Religion in the Classroom
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 for 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?"
Headlines: Canada