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Basem Wasef
Basem's Motorcycles Blog

By Basem Wasef, About.com Guide to Motorcycles

Canadian Sikh's Pro-Turban, Anti-Helmet Case Ends...
For Now

Thursday March 6, 2008
ENV Hydrogen motorcycle

You may recall last month's news item about a Canadian Sikh who challenged Ontario's helmet law on the grounds of religious discrimination. Well, the case has been resolved... at least for the moment.

According to Canada.com, judge James Blacklock's written statement claims that, "Given the nature of Mr. Badesha's beliefs... this is one of those cases, which unfortunately, no accommodation appears possible."

While the court says Badesha has 30 days to pay a $110 fine for riding without a helmet, another news source reports that lawyer Melvin Sokolsky may appeal the judgment.

Stay tuned to find out if this saga ends in a $110 check payable to Canadian authorities, or if Badesha finds himself in court again.

Photo © Arai

Comments

March 7, 2008 at 9:27 am
(1) Pete says:

This ended the only way it should have. The law is the law….the other great thing about Canada is the freedom to leave if you don’t like it.

March 7, 2008 at 10:41 am
(2) David says:

This case seems more politically motivated, to see how far the envelope could be pushed, and eventually allow bigger holes to be poked in existing laws.

March 7, 2008 at 4:17 pm
(3) bing says:

Recently one of nypd’s own won its desire to wear a loin cloth wrapped around its head as opposed to offical police uniform hat all in the name of religion. Sadly the nypd gave into this cretin…

March 12, 2008 at 12:39 pm
(4) Richard says:

That is just one reason why helmet laws should be abolished. If someone, including the shiek, is dumb enough not to wear a helmet, let him do so. A better law would be to require anyone not wearing a helmet to pay a higher insurance premium and if injured, be required to pay all medical bills.

March 12, 2008 at 1:33 pm
(5) 84strat says:

Even if he wins the judgment, what company would give him insurance? With all the crazy drivers around, a good snell approved helmet would save allot of pain & suffering - than without.

March 12, 2008 at 2:24 pm
(6) Ron says:

if for religious reasons the can’t wear a helmet then stay off the dam bike we are changing way to many laws in this country (Canada )for religious freedom we let them wear a turban in the r.c.m.p.if they can’t wear the hat don’t aply for the dam jod !!!

March 12, 2008 at 2:33 pm
(7) Steve says:

I find it interesting that someone would INTENSIONALLY violate the law and only THEN challenge it??? Not to mention having the govt. end up paying for the “human rights / constitution” court case. Religion is NOT the reason for lack of common sense.

March 12, 2008 at 4:22 pm
(8) Bonnie says:

He could place his turban in the trunk while riding..use a helmet, then put his turban on when he stops….same as I do with me cap.
Sounds like he just wants attention & if that turban comes unwrapped while riding, he sure would get some.

March 12, 2008 at 10:01 pm
(9) Daniel says:

Yeah!!!Wear your helmet and pay your fine….and if not happy,ride to the airport…..buckle up and leave.

March 12, 2008 at 10:18 pm
(10) Dave says:

Drop the rag and move state side or suck it up. I don’t like the color pink, maybe I should lobby the Government to have the color pink removed from public viewing. Come on.

March 13, 2008 at 9:14 am
(11) Yamaha George of Whitby says:

People leave their oppressed countries and come to “The Land of the Free…Canada”, and then try to change our rules. Kudos to the judge that made the ruling of No Helmet–No Riding Motorcycle. Not all Turban folk are extremists….but that idiot should apply for a job as a fireman….!

March 16, 2008 at 5:45 am
(12) Rob Hall says:

If this fellow wishes to use a piece of cloth to keep his head off the road, then more power to him say I!
The planet’s population is already too great, so hopefully his early demise would prevent any furtherence of his foolish genes.

March 25, 2008 at 1:38 am
(13) SinghP says:

Being Sikh, let me just say that a turban is NOT REQUIRED: all that is required is to cover your head. Helmets do this. And this man should know that a turban is NO substitute for a helmet. And all the @$$es here calling a turban a loincloth, etc… grow up. It’s a symbol of respect and pride in the Punjabi community; don’t mock it.

July 27, 2008 at 10:34 pm
(14) Prav says:

May someone PLEASE remind me of an individual wearing a turban, and being involved in an accident in North America, and Europe?? I would greatly appericate someone naming ONE incident of an individual wearing a turban, and getting into an accident…

May I also remind you guys, that even in World War 1 and WW2 we didnt wear helmets… And we were one of the most efficient armies in that time period…. dont argue with me… Its a retorical fact….. yes a fact.

December 22, 2008 at 8:31 am
(15) Singh says:

I am a Sikh with a turban I ride a Kawasaki ninja ZX7R. I have had numerous accidents, none my own, there is no evidence to suggest that by wearing a helmet I would have sustained more or less injuries. A turban wrapped in the correct way can provide just as good protection. The UK Govt in their wisdom granted Sikhs as a separate ethnic group the right to wear turbans on motorbikes in the 1980’s, mostly thanks to Winston Churchill who recognised their sacrifice to protect truth and justice during the two world wars. Some of the people on this site really need to read up on the UN declaration of Human Rights. We are not cretins we are not arabs, we are human beings just like you. Don’t forget their was a time that women were not allowed into the Police Services, they too had to make a stand.

February 9, 2009 at 10:27 pm
(16) heera singh gosal says:

these dogooder should object to sikh wearing turbans freeing europe. when sikh regiment highest decoratet in british common wealth give freedom from hitler, now all blood we slipt you doesn’t even earn us right to wear turban on a motorcycle

February 10, 2009 at 1:52 am
(17) heera singh gosal says:

if the law is the law, lady getting of a streetcar can’t bare her anle and that is still books in manitoba and enforced.why enforced hamlet on sikhs.you dogooders have nothing else to do.like catch drugs,murders and rapist enforce real laws.

February 11, 2009 at 11:55 am
(18) Peter says:

Here in British Columbia, a Sikh is allowed to ride with a turban. It is confusing to me, because our helmet laws are based on the cost of the liability. Head injuries will cost the system tremendous amounts of money. If a group is allowed to skirt the law, then we have to pay for their mistakes and subsidize them. That is special treatment. I don’t care if someone wants to wear a bowler hat, Greek fisherman’s hat, or just ride with a shaved head as long as they are required to pay all medical expenses for however long it takes out of their own pockets, and not burden the rest who conform to the rules.

February 18, 2009 at 10:13 pm
(19) Guri Singh says:

I am a Sikh, I wear a Turban every day.
I will be buying my first bike and I will be wearing a Helmet.

I have to say that sometimes the Turban issue is pushed too far. The rule says the hair (kesh) has to be covered at all times.
If you wear a Keski or a patka and then wear a helmet, you are not less a Sikh.

You have to see this from the point of view of others on this board. The rules and laws apply to everyone.

How far will this go? Do you want to play contact sport like American football and rugby with your Kirpan and Turban. Yeah! Let me see you try that.

Helmet is there to protect you and it is proven that it can prevent some serious injury.

I personally know of a close family member who died because they did not wear a helmet. Low speed accident, slipped off the bike, hit the ground with his head/Turban.

I have to say that I will will always wear a helmet when I ride a bike or am on one as a passenger. I have been in 2 motorcycle accidents (both as a passenger) and both times I was not wearing a helmet.

Good luck.

April 4, 2009 at 1:21 am
(20) Leigtweight says:

Would just like to say that this page right here shows the ignorance of so many people across the world. Canadians even in this year don’t know how to respect others. Back when the government needed the Sikh’s help (WW1/2) they let them wear their turbans instead of helmets. Now that they do not have to win them over, they hold it against them. In most cases it will be the redneck Canadians who cause the crashes and the Sikhs know the risk they are taking.

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