Sikh Seeks Freedom From Canadian Helmet Law
As if helmet laws aren't controversial enough, Canadian motorcyclist Baljinder Badesha is using religious grounds to challenge a $110 ticket he received for not wearing a helmet while riding his Honda Shadow. With attorney Owen Rees of the Ontario Human Rights Commission on his side, Mr. Badesha is arguing that Ontario's helmet law* violates his religious freedom, since Sikhist beliefs prevent him from wearing anything over his turban.
On one hand, Rees claims that "What the state is saying to Mr. Badesha is you have to choose between your religious beliefs or [abstain] in order to ride the motorbike." On the other, the court claims that "There is no suggestion that riding a motorcycle is a protected religious belief." Turbans are highly symbolic elements of the Sikh belief system, and have even prevented Sikhs from wearing helmets while fighting in World War I and World War II.
Should Mr. Badesha be forced to abandon motorcycling, or do his beliefs entitle him to an exemption from the law? Comment with your thoughts on this rapidly unfolding news story.
* Devout Sikhs are allowed exemption from helmet laws in the U.K., Hong Kong, and the Canadian provinces of British Columbia and Manitoba.
Comments
Basem…I’m sure language and profanity rules are in effect which prevents me from using this forum to state how I truly feel about this idiot. It is truly is a shame there are no laws that deal with ‘Felony Stupid’. With any amount of luck, he’ll have a very hard time finding an insurance compamy that is interested in taking him on as risk. People come to our country – and yours I’m sure – and test the limits of the almost endless Canadian tolerance for religious and political freedom. This steps way beyond that line. A few years ago a Sikh joined the RCMP and petitioned to wear the 200 year old RCMP crest on his turban and carry the even older Sikh ceremonial sword. Neithr of these are part of Canadian tradition and helmets are part of Canadian law. I’m sure there are those who will accuse me of being an intolerant bigot…nothing could be further from the truth – however – he chose this country – obey the laws or get the hell out.
this is crap i am so sick of these narrow minded people any excuse to get noticed or say its fringing on their religous beliefs who cares i dont think your god is going to kick u out of your church really? dont u think god would want to see u go home to your family everyday without your skull cracked dummy
the two previous commenters ignorance is quite clear, and similar to that of american ‘patriots’. canada was built not on being a melting pot, but on diversity where one can come and keep his customs and beliefs, and practice religion. Everyone in canada has come from somewhere, noone has originated here other then the Natives. Why should a sikh change who he is, just because certain people think they need to change to become ‘canadian’? please tell me what a ‘canadian’ is in your opinion? we have french, italian, we have irish, we have people from other euro country’s too, and we celebrate their religions, customs, festivals…do you believe their culture isnt questioned because they are white? i think we need to stop becoming americanized and read the charter of rights for a change. we arent the 51st state for a reason (yet..).
You’re absolutely right…we are a very diverse nation, and that is one of things that makes this a great country.
Your stupid crack about not being the 51st state is unfounded and smacks of an even greater ignorance. The US is our friend and has been for a long time. Are there differences? Of course, and so there should be.
Don’t start playing the race card when it’s convenient for you—who’s the bigot now? I don’t care where you come from…by all means keep your customs – BUT OBEY THE BLOODY LAW!!
You want to ride wihout a helmet? Go right ahead, but don’t expect our over taxed and strained medical system to pay for your care if you end up a vegetable.
if they live here they should have to live by the rules we all have to!
You live in a country, you follow their rules period. I lived in the middle east for over a year and I thought that some of the rules were insane but I still followed the rules. So this guy should just deal with it.
For me it really comes down to cost. If this guy suffers a head injury, who will pay for it? Canada has chosen a national health system, so this fellow is exposing the entire population to the risk he may have a head injury. For that reason, Canada has the right to make bikers wear helmet.s
I think that if he wants to ride a motorcycle, he should wear a helmet…but I LOVE the fact that he’s getting the rednecks all riled up!!!
REDNECK ?? !! Listen dumbass…ain’t no Rednecks up here! All we got in Canada is Hockey Players, Indians (oops…sorry – that’s Favored Status First Nation People),Eskimos (Sorry – Inuit), and Cowboys. Ah Hell…I’d love to stay and chew the fat, but my Igloo is melting again.
Religion? Bunch of hogwash…
last time i checked driving is a privlige and not a right…. how can the judge james blacklock even make a ruling on a privlige.
All I ask is, to what end? The next thing the Muslims will say they should be allowed to kill their wives or children if then tarnish the family honor? As it is a religious-based belief, will they be granted the right to do so? Will the Rastafarians be able to smoke Marijuana based on their religious beliefs?
I live in a state that doesn’t not require a helmet and I think it is a ridiculous law. Individual freedoms do have to give way to the overall good of society, it is why we cannot simply do what we want.
Driving a motorcycle is a privilege not a right, and if he wants to do so on public roads then he has to follow public laws. Same held true for the Muslim woman who didn’t want to show her face on her Florida driver’s license. If you religion poses restrictions on your life, then you have to deal with them. The rules that govern for the greater good and safety of society should not be expected to flex for an individual’s problems.
Wow, what a mix of emotions. Nigel here, from good ol’ England, where the helmet laws are the same as Canada. Now I must confess, I absolutely HATE having to wear a helmet cause the do-gooders say so, I love coming to the USA and not wearing one (in certain states). However, religious crap aside, I think if you’re stupid enough to ride without one (I would be stupid enough), you should be allowed to……provided you have a £10million liability personal insurance so as not to drain the resources of society if you need medical care as aresult of your stupidity. And, if you didn’t have insurance and you have a head injury because you were not wearing a helmet….simple you die, no FREE healthcare. I am sure whatever religious belief you have, your God will make sure you don’t have an accident in the first place, but if you did he’ll and you would be glad to see each other anyways. Bye
Why doesn’t he just wrap his turbine around a helmet ! Pay the ticket. Driving a car or motorcycle is a privlege, no a rite.
I think if that is his religion, why not. I am a Chistian, I have seen how they have taken away right for us, and just handed them to other. Fredom of speech, we can speak of God in Schools but they are teaching other thing which I do not believe.
I hope you can ride you bike!
I think if that is his religion, why not. I am a Chistian, I have seen how they have taken away right for us, and just handed them to other. Freedom of speech, we can not speak of God in Schools but they are teaching other thing which I do not believe.
I hope you can ride your bike!
Let him ride. We call riding without a helmet cleansing the gene pool.
This is the issue I have with this turban allowance here in British Columbia. The arguement that the government makes for wearing helmets is the cost of healthcare for victims of brain damage, etc. If a Sikh is exempt, then who pays for his health care if he is head injured? This is special treatment for some and not others. If a rider chooses not to wear a helmet, I believe that they should sign a waiver excluding them from any special medical care. If that were to happen, there would of course be an outcry. It’s left then with this inequality that’s just not fair. Unfortunately this is the way our society is heading that there is a tyranny of the minority, and we all have to shut up, lest we be labelled hateful. One writer on this forum who is a Christian and has supported this Sikhs freedom of religion, must remember that our bodies are our temples and we shouldn’t be putting ourselves in harms way by not wearing a helmet. I believe if your tradition won’t allow you to remove the turban for a helmet, then your relationship with God must make you come to the conclusion that a bike is just not for you.
I’m an American, and I think you have to live by the law of whatever land you choose to live. period. Would I be able to skate around Sikhs Laws because my religious beliefs are different? I don’t think so. Bottom line is the LAW. you have to follow and REPECT it. Driving is NOT a right! So just like you may not play Football, Baseball, drive race cars or any other “optional” activity that requires a cover of the head, you shouldn’t ride motorcycles if the LAW states you MUST wear cover.
I am from Singapore and a sikh. This country being so strict in laws have allowed sikhs to ride bikes without a helmet…Some years ago a close relative of mine was killed in a bike crash….If only he used a helmet…He would still be alive….Turbans are a religious symbol and NOT a crash helmet……Period….Prem Singh
LET the fellow ride without his helmet, say I. In accordance with Darwin’s law, nature punishes the foolish. And the person without a helmet is surely foolish. If he is prepared to have his foolish gene pool deleted, we should buy him a beer. Before it is too late, of course.
We all should respect anothers religion… even if ya don’y got one….
BUT…. I have taken a tiny spill on my bike and let me tell you…. I could not stop my face from hitting the pavement… it was really weird…it was like it was in slow motion… Thank God I was wearing a full face helmet because there would have been some damage… Imagine that at 25MPH or more! ( About 40 kilometers per hour or more.)
Without a doubt…. the helmet should be on always. Take it from experience…
driving or riding is a privilage not a right. turbans are a tradition. tradition is not religion. the law of the land is the law of the land.
I=hi,,,i’m tired as a Canadian to see some idiots come in My Country and then take everything My Country as to offer,free..and then having to see those idiots claiming for more,whith our courthouses,our laws,our ressources.You wana know another one….in Montreal,a sikh student is allowed to wear his kirpan(some kind of religious knife)at school…our laws allow it….and,at the montreal harbor,they’re allowed to walk around whithout a hardhat,on the docks…”cause they’re wearing a pile of rags on their head…..after some reflection….i wonder who are the idiots…them who are claiming everithing…or us…who let them do so?
Whoa!! Daniel…Dial that hate back a bit ( a lot!!) No one – except you – is calling this guy, or any Sikh an ‘idiot’ because he is a Sikh or because he wears a turban. My point, and I think most everyone elses is – obey the law…nothing more, nothing less.
Personally I think not wearing a helmet quailifies anyone for idiot status..but that’s where it ends. Please don’t speak for my Canada,….I don’t live in the same one you do.
I have really bad arthritis in my neck after experiencing several traffic incidents that included whiplash. I am unfortunately now unable to wear any kind of helmet without it causing severe and lingering pain in my neck and head and shoulders.Because of this I cannot ride a motorcycle now because I am unable to wear a motorycle helmet. I believe in helmets and i would be afraid to drive a bike without one but i would like the option as bikes have good fuel economy.Also, many people who ride motorcycles flaunt the law anyway by wearing little beanie helmets that do little to really protect them. I think some people should be able to get exemptions based on religious or medical reasons. But I think that helmets should be mandatory for others.
mmm,i might have been misunderstood…..i call this guy an idiot,period, regardless of his regilious beliefs.It just happens he’s sikh.It would have been the same if that guy would have been catholic,jew or else.I believe that religion,either muslem,catholic,jewish or else is a private matter and it should not be used as an excuse to claim,disclaim or change any rules,laws or else that everybody lives by,period.
PS.i’m sorry Pete,but we live in the same Canada…like i or not.
I live in the UK but have also lived Vancouver for many year. Riding in London on a daily basis, I would wear a helmet whether it was the law or not for my own safety. I was knocked off my motorbike last year by a stupid driver who didn’t look over her shoulder when overtaking another car. I saw her blindly start to steer over and I hit the brakes but still managed to get clipped by the rear bumper of her car, knocking me to the ground (with knee jammed against the horn button). Fortunately I came away unscathed apart from a slightly pulled muscle in my leg and a little bit of a bruised ego – it happened in front of a busy station during morning rush hour.
I suppose it’s a person’s choice if they prefer to put their religion ahead of their personal safety, but I know for a fact (working at a hospital) that the police and ambulance/medical services would not look favourably at an injured person who hadn’t taken basic steps to protect themselves.
At the end of the day, law or not, people will do what they want. Let him have his exemption if it makes him happy – it’s his skull after all.
Somewhere, a line has to be drawn between religious beliefs and religious ignorence. If you choose to live in Canada, then live by the laws that made this country your choice to live in , plain and simple. You left your country for a better life it is imagined, so, live by the laws of the land or leave. Our laws made it easy for you to have a good life, better than you would have had in your country, they are also laws that protect the very rights you are given here. Smartern up guys, wear the damn helmet and you may live to see the next bike ride you idiot.
Well, I think riding my m/c on a nice spring day on the open road is more of a ZEN thing, the cleansing of the daily garabage from the mind. Riding without a helmet may a Sikh thing were they prefere to scater there mind across the pavement! Final comment: Religious freedom-poop. You live in the country by choice obay and follow the laws, move on if you can’t deal with it. Where’s my religious freedom to have a prayer in a US school, our money still says IN GOD WE TRUST. mostly. No pledge of allagence to our country in school because it infringes on somebody else’s freedom-bunk. Maybe I should carry a concealed weapon and thin out the gene pool of those that infringe on my freedoms-redneck.
When our snowbirds head for Florida, when our bikers head for Florida, most of us usually get extra insurance for health reasons. A heart attack or a fractured pelvis cost a lot of bucks down there. S’OK. They don’t have our medical system so be prepared. If you want to ride without a helmet(I love Florida!!!) just be ready to pay for it with extra insurance. Everyone has the right to ride. Not break the laws doing it. Get some extra insurance and have at it. Don’t make the rest of the country pay for your injuries you obviously could have avoided. As ridiculous as it sounds, wrap yourself up after you put your helmet on. Good luck!!!
I think Baljinder Badesha needs to submitt to the Ontario court ruling and wear a helmet like the rest of us. As we have a right as also, I do not want to have to support his medical bills should he have an accident. I am an imagrant here 28 years There are many rules I don’t like either but I have a choice to become a Canadain and mold into its society or I can go back home. My choice. I also ride motocycles and know how dangerous they are. accidents are not planned they happen.I have got friends who will never be the same after running over a small pebble laying on the road? I work in constrution and at times forced to wear a safety hat which I think is silly but after reading the reports from WCB. I have changed my way of thinking. I to have strong religious convictions to but I do not impose my beliefs on others nor do I want his beliefs of others to imposed on my life.Baljinder Badesha has the same choice to live by his religious convictions as I do. He has a choice to live by his faith and not wear a helmet and stay off the road or wear a helmet and enjoy his motorcycle.
It’s not our laws who forbit that guy to ride his m/c.His religion does.We live by “common law”which mean that there is laws,rules for every “common”citizen.Religious principles are a private matter.Each individual canadian has the right to chose which law is more important to him…the common law,or the religious ones..he picks one…..and he lives whith the concequences good or bad that comes whit it.
I think we should all support Baljinder by wrapping a towel around our collective heads and ride around town proclaiming that “I am protected by my religious beliefs.”
I’m sure Mr. Badesha can find some other country to live in that won’t interfere with his bike riding.
i know a great place to store your turbin while riding the motorcycle………
You guys crack me up!! Ignoramii and little rednecks.
To those who state the whole ‘its ma laws if y’all dont like it leev” arguement, i would kindly like to point out that Canada’s law did not (contrary to the beliefs on this board) spring up out of the ground!
Law is designed by definition to be fluid and dynamic, to be compatible with the citizens it represents. The formalistic approach taken here simply belongs to the caveman era (as do quite a few of the posters…daniel)
The idea that ‘ this is the law – now get with it’ has no place in modern society. I’m sorry for you if you have a longing for the good ole days etc etc, but please realise that even if you have not moved on, the world around you has!
Without advancements and the refining of the law women would still be unable to vote, marital rape would be allowed (as women’s consent wasnt required until very recently, it was considered the male’s ‘right’), i could give a whole list slavery etc etc!
The actual case in hand – alot in fact pretty much all of the argument rests on the resentment towards paying any medical bills via public healthcare. Perhaps it might be as wise as to suggest that you all refuse to pay your taxes as several thousands of people suffer from the effects of smoking and burden the system, or alcohol abuse, or drug abuse, or STI’s…?!
You people need to get out of your bubble and maybe stop unintentionally having opposition simply because you do not understand the guy’s viewpoints. If he respects the opinion of those who wish to cause self harm via smoking etc – why are you any different?!
One minor last point – to Daniel the caveman.
The “rags” on their head – yeh they were on their heads when they gave their lives fighting in WWII against facists (like yourself?) and there were no higher casulty figures recorded than those regiments who wore helmets… There you go – now you can go tell your redneck cousins (or do you call them wives?) that you learnt something new today!!
I am floored that he would even consider asking the nation he lives in to exempt him from the laws everyone else must comply with. If this gentleman desires to wear a turban while riding, perhaps he should make a turban for his helmet. It is permissable to have his hair under his turban… why not a helmet too?
When living in Rome, do as the Romans do.
If your in the UK do as brits do or leave. I abide by the laws of other countries when I visit them
The Sikhs tried this BS in the 70’s too. It didn’t wash then either but the lawyers made money.
Let him wrap a scarf around his helmet if that’s the only way his god will protect him.
BTW, I’m against madatory helmet AND seatbelt laws. Ownership should be mandatory, not use. It would improve the species to have these item be voluntary.
No helmet, no belt: no brains and no medical care.