Top court says Sikh student may carry kirpan
The Supreme Court of Canada has ruled in favour of a Montreal teenager who wanted to wear a kirpan to school.
The high court says the school board that told the boy to leave the religious symbol – called a kirpan – at home went too far.
In its 8-0 judgment, the court ruled on Thursday that a total ban infringes guarantees of religious freedom under the Charter of Rights.
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| Gurbaj Singh |
The court threw out arguments from lawyers for the Quebec school board that originally implemented the ban. It said there is no suggestion the kirpan is a weapon of violence or that Gurbaj Singh, who was 12 when the court case started five years ago, 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 Justice Louise Charron.
"If some students consider it unfair that Gurbaj Singh may wear his kirpan to school while they are not allowed to have knives in their possession, it is incumbent on the schools to discharge their obligation to instil in their students this value that is ... at the very foundation of our democracy."
After the ruling was released, Singh said he believes the case arose out of ignorance of his faith.
"This is an article of faith," the 17-year-old said. "We do not use it, we do not take it out. That's a restriction."
Background
It all started when an elementary school wouldn't let Singh go to class unless he left his kirpan behind.
The Sikhs say the kirpan is a religious item that must be carried at all times. It's a steel blade about as long as a hand, and it's no sharper than a letter opener.
A devout Sikh, Singh wore the kirpan around his waist, tightly wrapped in cloth.
For years, no one even knew it was there, until one day in November 2001 when the cloth came loose, and the kirpan fell to the ground. Singh was playing with friends in the yard of the Ste-Catherine Labouré School when it happened.
Singh was told to go home and not come back until he promised to stop wearing the kirpan.
What followed were months of suspensions, protests and court cases. The issue has tested the Quebec education system and challenged the notion of a tolerant, inclusive society.
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| Kesh means uncut hair. For Sikhs, the hair is a symbol of faith, and keeping long hair confirms a Sikh's belief in the acceptance of God's will, and teaches him humility and acceptance. Kangha is a comb. Sikhs use a small wooden comb in the hair at all times. Apart from its practical utility, a comb is clearly a symbol of cleanliness. Karra is a bracelet. A special steel bracelet is worn on a Sikh's right wrist that signifies a bond. It's the Guru's symbolic ring to all his Sikhs, signifying their unbreakable link or bond with the Guru as well as among themselves. The circle is also a symbol of restraint and in practice a constant reminder to the Sikh of ideal behaviour in a moment of weakness. Kachera is shorts. This special pair of knee-length shorts is symbolic of continence and a high moral character. Kaccha can be worn on their own without causing embarrassment. Kirpan is a sword. Kirpan comes from the words kirpa and aan. Kirpa means an act of kindness, a favour; and aan means honour, respect, self-respect. It is an instrument that adds to self-respect and self-defence. Thus for Sikhs, kirpan is the symbol of power and freedom of spirit. All baptized Sikhs should wear a short form of kirpan on their body. To call it a dagger or knife is rather insulting to this article of faith, which functions quite differently from the other two. |
Parents signed petitions, picketed and kept their children home from school. They said it was too dangerous for them to go to school with a child carrying what was seen as a potentially dangerous weapon.
Singh eventually changed schools, but his family took his case to court.
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In May 2002, the Quebec Superior Court ruled that the kirpan could be worn at school, but that it would have to be sheathed in a wooden case, wrapped in heavy fabric and worn under the clothes, the belt sewn into Singh's clothes.
The Quebec government of the time, the Parti Québécois, appealed that court decision.
Looking for guidance
In 2004, the Quebec Appeal Court struck down the decision.
It concluded the article of faith has all the physical characteristics of a weapon and was therefore dangerous to everyone in the school. It said banning the kirpan was a hindrance to freedom of religion, but that community safety and security came first.
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.
Manjeet Singh, the Sikh chaplain at McGill and Concordia universities, who also assisted Gurbaj Singh's legal team, said baptized Sikhs believe 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.
The Charter of Rights and Freedoms in Canada ensures that every citizen in Canada can practise their religion without any hindrance, he said.