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Wearing Kirpan Openly In Canada


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waheguru ji ka khalsa waheguru ji ki fateh

Is it possible to wear kirpan openly in Canada, that is, not beneath one's clothing? If so, is this routinely practiced?

In the UK, I've often worn it openly but in some circumstances had this partly covered e.g. over the clothes but partly wrapped by a cummarband along the waist. Sometimes beneath a sleeveless vest type jacket with half of it dangling at my waist. I've never experienced any problems and dealt politely with the odd racist. I've spent several years doing humanitarian work in the developing world and have never had to conceal my kirpan at any time.

However I'm now moving to Canada and am apprehensive about public acceptance, particularly in small provinces where they may be just a handful or no sikhs at all. I wear only hand spun bana and no other style of clothing whatsoever. Can I walk down a high street without fear of being arrested or worse, shot by gun-toting police?

Would it be prudent to have a prior meeting with the administration/police chief of the town/city that I plan to spend time in, to help them understand my rights?

Thanks for your kind help.

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When examining the question of kirpans in the public sphere, safety and security are of particular importance. Many court decisions have allowed kirpans in a variety of contexts provided that safety is not an issue of overriding importance and the blade is properly contained.

Kirpans have been specifically allowed in schools by the Supreme Court of Canada. In Multani v. Commission scolaire Marguerite-Bourgeoys, 31 the Supreme Court overturned a school boards prohibition on kirpans as part of the boards broader policy on weapons, holding that such a prohibition infringed the students freedom of religion in a way that could not be justified under section 1 of the Charter. Although the prohibition was motivated by the objective of ensuring a reasonable level of safety at school, the court held that options were available that would have less impact on the students freedom of religion, such as allowing the student to wear the kirpan under restrictions that would have ensured that it was carefully sealed within his clothing. The court noted that there was no evidence of violent incidents related to kirpans in schools across Canada, and other objects such as scissors and baseball bats could be much more easily obtained by any student with violent intentions.

Despite some evidence of resistance among the Quebec public,32 this case nonetheless seemed to reflect the reality of compromise with respect to kirpans that already existed in school boards across Canada. Courts in British Columbia and Ontario had already specifically upheld similar policies.33 Using similar reasoning, the British Columbia Court of Appeal also upheld the right to wear a kirpan in a hospital in British Columbia (Workers Compensation Board) v. British Columbia (Council of Human Rights)34 under (then) section 3 of the British Columbia Human Rights Code35 prohibiting discrimination in the provision of accommodation and services.

As a matter of policy, Sikh members of Parliament are entitled to wear the kirpan to the Canadian House of Commons, and visitors may wear the kirpan in the public gallery. However, in this respect, Quebec legislators have, in the past, adopted a different approach to their federal counterparts. In early 2011, a Sikh delegation seeking to testify on Quebecs reasonable accommodation bill was denied entry to the National Assembly when its members refused to remove their kirpans.

Nevertheless, where safety is of real concern, it is clear that kirpans are prohibited despite provincial or federal laws protecting freedom of religion. For example, the Canadian Human Rights Tribunal has held that prohibiting kirpans during air travel is legitimate for the protection of passengers and staff. 36 Similarly, in order to protect personal security, public order and the administration of justice, the Manitoba Court of Appeal upheld the right of a judge to bar kirpans from the courtroom in R. v. Hothi et al. 37 While the court acknowledged that the kirpan was a religious symbol and not a weapon, it based its decision on the authority of a judge to maintain control of his or her courtroom. This authority has traditionally encompassed the right to ensure that there are no weapons whatsoever in the courtroom, as the presence of a weapon could thwart the process of justice by being perceived as an adverse influence. Nevertheless, individuals involved in the Multani case were permitted to wear the kirpan during the hearing before the Supreme Court.

http://www.lop.parl.gc.ca/content/lop/researchpublications/2011-60-e.htm#a7

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I appreciate that there are various laws mostly which protect rights but these mostly relate to the like of public buildings and schools.

I'm more interested in every day life; the high street, shops and parks. In practice, can and do sikhs wear their kirpan openly in Canada?

Can I walk down the high street in my bana without fear?

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Shot by gun-toting police? Seriously lol? Maybe its best you not come here if thats what you think happens here.

You would do well to empathise with the apprehensions of someone and if it is the case, offer reassurances that their apprehensions are misplaced. I have a fundamental right to live where I chose to do so, peacefully and legally.

In Canada, the rate of law enforcement homicide is the second highest of any developed country, 20 times that of the UK when considering population level, with the province of Alberta in particular not far behind the US average. My apprehension also extends to the use of guns and strong police tactics. I have first nation aquiaintences who are constantly being harassed by the RCMP, but then they have been historically discriminated against and perhaps not representative of Sikhs, the concern being that if Sikhs do not routinely wear a kirpan openly in Canada then I may be singled out pariticually in a small town?

If this is not the case then please tell me how it works. Can I feel safe walking down the street in bana?

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You would do well to empathise with the apprehensions of someone and if it is the case, offer reassurances that their apprehensions are misplaced. I have a fundamental right to live where I chose to do so, peacefully and legally.

In Canada, the rate of law enforcement homicide is the second highest of any developed country, 20 times that of the UK when considering population level, with the province of Alberta in particular not far behind the US average. My apprehension also extends to the use of guns and strong police tactics. I have first nation aquiaintences who are constantly being harassed by the RCMP, but then they have been historically discriminated against and perhaps not representative of Sikhs, the concern being that if Sikhs do not routinely wear a kirpan openly in Canada then I may be singled out pariticually in a small town?

If this is not the case then please tell me how it works. Can I feel safe walking down the street in bana?

Canadian police are not trigger happy gun nuts shooting away at anything. There have been a few controversial cases, but still up until now no one has thought its a concerning issue.

Bana, cops wont shoot you for it, but you may get some racism/looks.

As for the Natives, lol, theyre no angels. Much of the crime in the central provinces is caused by them. Spend all day getting high and stealing etc. Racial profiling is a necessary evil.

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Canadian police are not trigger happy gun nuts shooting away at anything. There have been a few controversial cases, but still up until now no one has thought its a concerning issue.

Bana, cops wont shoot you for it, but you may get some racism/looks.

As for the Natives, lol, theyre no angels. Much of the crime in the central provinces is caused by them. Spend all day getting high and stealing etc. Racial profiling is a necessary evil.

Thank you for confirming that. I am more concerned about being stopped and questioned, harassed etc.

As for aboriginal canadians, your lack of empathy is disheartening. They've suffered a LOT, their back has been broken. Highest suicide rate in the world. No control over their lives. Religion, language, culture and children all taken away. Yet still they try to keep their spirituality alive. Canada is 'Indian land', be thankful to the natives.

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