Sikh motorcyclist in Ont. court fighting helmet law

[brandon]

http://www.ctv.ca/servlet/ArticleNew...Canada&s_name=

Discuss..

A court hearing resumed this afternoon in Brampton, Ont. for a devout Sikh who is fighting a traffic ticket for not wearing a motorcycle helmet while riding his motorcycle.

Baljinder Badesha, 39, says choosing between his turban and a helmet is denying him the right to religious freedom.

Human rights lawyers are backing Badesha's fight, saying Sikhs who want to ride motorcycles are forbidden from a "normal social activity" available to all other residents.

"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," Owen Rees, a lawyer with the Ontario Human Rights Commission, told the court during a hearing on Friday.

The helmet requirement under the province's Highway Traffic Act "discriminates" against Badesha because it violates his constitutional rights, Rees said.

Badesha's religion forbids him from putting on anything over his turban while outside his house.

Crown lawyers argue helmet laws protect against devastating head injuries and save the public health-care system millions of dollars.

Non-fatal motorcycle accidents can cost the public purse up to $2.4 million, while fatal crashes can cost almost $20 million, according to Crown documents filed with the court.

The defence said the numbers represent only a fraction of Ontario's $38-billion annual budget for health care.

Scott Hutchison, who also represents the commission, says devout Sikhs represent only 0.2 per cent of Ontario's population. He said the impact on the health-care system would be minimal.

"There are lots of deaths and brain injuries among motorcyclists wearing helmets right now," he argued in court on Friday. "If Ontario was serious about (addressing the danger) they would ban motorcycles."

Badesha, who said he hasn't ridden his motorcycle since he was ticketed in September 2005, told the judge that 50 motorcyclists die in crashes each year in the province while wearing a helmet.

Similar challenges have seen exemptions made for Sikh motorcyclists in British Columbia and Manitoba. The United Kingdom, Hong Kong and India also allow devout Sikhs to forego the helmet.

The judge's ruling in Badesha's case would only apply to him. The verdict would not be a blanket exemption unless the Ontario government made the exemption for devout Sikhs law.

[YCB]

..... there shouldn't even be a discussion about this...

there ain't no turban which can protect your brain/head/and or life from injury..

I think this guys turban is wrapped toooo tight..

[97'Scort]

In many places around the world, if, say, a Canadian woman wanted to walk around in a skirt above the knees, she could potentially be arrested. Yet we are expected to make concessions for others here. And we do so because we respect other cultures.

I have no problem with allowing him to wear whatever he chooses while on his bike. However, if he chooses to ride without a helmet, he should have to waive his right to having tax dollars pay for his recovery if he should be injured. Should be the same for any motorcyclist, Sikh or not.

[BerserkerCatSplat]

I say let him get away with it, as long as he waives his access to public health care from now on.

Edit: Damnit, hiveminded by 97'Scort!

[The Cosworth]

Bull shit, we are on a slippery slope already.

There is no where that says he HAS to ride a motorbike, therefore if he CHOOSES to ride a bike he also understands that he has to WEAR the helmet

[Trini]

serious BS
make him pay the damn ticket.
if he doesn't like the law with regards to riding a motorcycle let him take the public transit or drive a car.
the law is the law
you wear a helmet for your own safety.

[98type_r]

Originally posted by brendankharris
Bull shit, we are on a slippery slope already.

There is no where that says he HAS to ride a motorbike, therefore if he CHOOSES to ride a bike he also understands that he has to WEAR the helmet

wear a helmet like everyone else or gtfo

[3g4u]

I have nothing to say about this pathetic injustice.

[soupey]

Darwin will take care of him.

that or someone can start making/selling these:
http://ilaria.veltri.tripod.com/helmets.html

besides, using the roads is a privilege, not a right. changing safety rules like that is like allowing people to drive without seatbelts, its unethical and simply not safe, last thing anyone wants to see is a turban combined with whatevers left of a smashed head.

[403Gemini]

HIS choice to get a bike and not a car

So abide by the laws.

[DNSRadio]

i wear a turban
and within the holy scriptures of sikhism

it does not state that he HAS to wear a turban.
its an unwritten type of deal
what it clearly states is that the hair on the head has to be covered at all times if the person is baptised.

i have buddies who have bikes , and i wear a helmet, basically all i do is in the summer i tie a bandana, and just have my hair loose within the bandana.

my head is covered by the bandana, and i am wearing a helmet to protect my head from the cement if i crash ( which i havnt yet * knock on wood* )

the guy out east chooses not to wear a helmet, then the law should choose to take away his bike license.... rules and regulations for road safty are there for a reason.


those my 2 cents
i think hes just tryin to stir some shit up...

[finboy]

don't like the laws, don't ride a bike, public transit is open to anyone.

[97'Scort]

Originally posted by BerserkerCatSplat
I say let him get away with it, as long as he waives his access to public health care from now on.

Edit: Damnit, hiveminded by 97'Scort!

Well, you know what they say about great minds

[403Gemini]

Originally posted by DNSRadio
i wear a turban
and within the holy scriptures of sikhism

it does not state that he HAS to wear a turban.
its an unwritten type of deal
what it clearly states is that the hair on the head has to be covered at all times if the person is baptised.

i have buddies who have bikes , and i wear a helmet, basically all i do is in the summer i tie a bandana, and just have my hair loose within the bandana.

my head is covered by the bandana, and i am wearing a helmet to protect my head from the cement if i crash ( which i havnt yet * knock on wood* )

the guy out east chooses not to wear a helmet, then the law should choose to take away his bike license.... rules and regulations for road safty are there for a reason.


those my 2 cents
i think hes just tryin to stir some shit up...

well fuckin' put!

[adam c]

how did he get his bike license in the first place?

dont they require u to wear a helmet during the testing?

[97'Scort]

^ They do. Our instructors wouldn't even let people with shorty helmets do the course.

[adam c]

^^ so how did he get his license then?

he would have had to wear a helmet then... so this should be a no contest then.

what a fucking waste of time some people are

[Mckenzie]

Well this is stupid...agree with all posters above.

I could really care less if he rides without a helmet and dies but I think the issue for me is what was stated about the costs of a fatal or non-fatal accident to our social system. We should not have to pay the price ($20 million) for some guy who puts his religious views above his safety and the good of the public and goes out and kills himself by not wearing a helmet; that is ignorant plain and simple.

Hopefully Darwin will take care of him in a cost effective manner.

And yes this is a very slippery slope but it was started years ago and we've been sliding down ever since (kirpans at school, no hardhats on construction sites, etc.).

[DNSRadio]

yeah they do,
that hilarious.. i cant believe people are missing this.

good job adam ... hahah its soo obvious...

even i had to wear a helmet on my test...


close this damn thread .. its over with..

CASE



NEXT !!

Originally posted by adam c
how did he get his bike license in the first place?

dont they require u to wear a helmet during the testing?

[Heff]

Riding without a helmet is all fun and games until you take a bee, june bug, or grasshopper to the face at 120 kph.