Exemption to the motorcycle helmet law for practicing Sikhs who wear turbans
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FOR PRACTICING SIKHS WHO WEAR TURBANS
To: Prime Minister of Canada, Premier of Ontario and Minister of Transportation
We, the undersigned, would like to add our support to the Sikh community and Shere Punjab Motorcycle Club concerning an exemption to the motorcycle helmet law for practicing Sikhs who wear turbans.
Such an exemption would allow for practicing Sikhs who wear turbans to ride motorcycles without helmets. The significance of wearing a turban for practicing Sikhs has been the subject of much jurisprudence in Canadian
courts. In fact Canadian courts have found that the turban is an integral symbol of faith for practicing Sikhs. An integral part of the Sikh identity includes the turban which covers the Kesh (unshorn hair)
Both British Columbia and the United Kingdom have demonstrated their recognition of the Sikhs right to wear the turban by enacting motorcycle helmet law exemptions. In British Columbia the exemption came as a result of Dhillon v. British Columbia. In this case the Human Rights Tribunal balanced the duty to accommodate religious freedom against the hardship to society. The tribunal found that upholding the religious rights of practicing Sikhs to wear turbans instead of helmets outweighed any the undue hardship to society.
Canada and the province of Ontario have a strong history of recognizing human rights, and the Charter of Human Rights ensures that all Canadians have a right to religious freedom. We trust that we can count on your support to uphold the religious freedoms of your constituents and all Canadians.
AKAAL JE SAHAI!
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