Kirpan Allowed In Canada

[Shinda]

Supreme Court overturns ban on Sikh dagger

Last Updated Thu, 02 Mar 2006 10:48:36 EST

CBC News

A Montreal boy may now wear his Sikh ceremonial dagger in the classroom after Canada's top court unanimously overturned a ban on the kirpan.

In its 8-0 judgment, the Supreme Court of Canada ruled on Thursday that a total ban infringed on Gurbaj Singh's guarantees of religious freedom under the Charter of Rights.

Gurbaj Singh

The 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 the judges.

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.

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.

* FROM MAY 17, 2002: Sikh boy wins kirpan case in Quebec

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?"

[Sahiba]

Raj Karega Khalsa, Aakee Rahe Na Koye

Khuaar Hoe Sab Milengai, Bachai Sharan Jo Hoe

[Prem]

I understand where goray are coming from with their concern over the kirpan - because they do not understand its symbolism and what it represents. But I have never heard of a single incident in a school or elsewehere in England or in Canada in which a kirpan has been used as an offensive weapon. Sikhs should be grateful that the Canadian court made this ruling, and carry on through action and discretion to ensure that people understand that it is unheard of for a kirpan to be used offensively. It is important that non Sikhs are reassured so they understand us. Much of this is about PR and image.

[sewak sikh]

:TH:

[Khalsa4ever]

Waheguroo jee ka Khalsa!

Waheguroo jee kee Fateh!

YAY! :lol:

Waheguroo jee ka Khalsa!

Waheguroo jee kee Fateh!

[saddi jind saddi jaan KHALISTAN]

wjkk wjkf

:lol: :wubc: :awesome