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Post Info TOPIC: Turban-Wearing Motorcyclist fight law that forces helmets


Guru

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RE: Turban-Wearing Motorcyclist fight law that forces helmets
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otro pendejo tratando de cambiar las leyes, man this is not Pakistan/India this is CANADA

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Guru

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SAFETY should ALWAYS b b4 religios yada yada. hes sayin a curtain onhis head will protect him better than a hlemet? **** that! oh well, theres 2 many of them anyway so if they wanna go ahead n nkillthemselves, so be it, morons!

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Turban-Wearing Motorcyclist Fights Law That Forces Helmets
Friday February 15, 2008
CityNews.ca Staff
It's an intriguing dilemma in a multicultural society: where do the rights of an individual begin and the laws of society end? The latest dilemma revolves around a Sikh man named Baljinder Badesha. He was charged in 2005 for not wearing a motorcycle helmet as he tooled around his Brampton home.

But he wasn't being lazy, defiant or forgetful. Instead, Badesha claimed his faith mandates that he wear only a turban and the helmet wouldn't allow him to do that. So he's taken his case to court to fight the fine.

The Ontario Human Rights Commission is supporting the 39-year-old biker, agreeing that the father of four is being discriminated against. But at a Friday hearing into the controversial case, the Crown is insisting the fine remain in place.

There have been similar instances in B.C. and Manitoba, where exceptions to the rule have already been made. And the commission claims losing the case wouldn't be a disaster for prosecutors, because future exceptions would still have to be decided on a case-by-case basis.

The dispute has raised new concerns about the need for safety vs. the freedom of religion. Many believe the latter should come first and that it's in the public interest that the law mandate people protect themselves while indulging in activities that could leave them facing severe injury.

But others contend that the man in question is an adult and he should be able to make his own decision in the name of his faith. Human Rights Commissioner Barbara Hall agrees.

"Rights like freedom of religion are not absolute, but there is a requirement if people request accommodation to explore whether or not it makes sense," she explains. "And it means going through ... scientific tests ... [to determine] what happens to a turban at high speed, to determine where is the risk, and is it an acceptable level of risk? ... There are a number of situations where people in Ontario currently have exemptions from the Highway Traffic Act."

But callers to Citytv's CityOnline disagree, calling it a foolish precedent. "I think this is a totally ridiculous thing," criticizes a woman named Andrea. "It's safety first. It's nothing to do with religious aspects. If you have to wear a helmet, this is Canada. It's in Ontario. It's in the Highway Act. What happens if he gets hit by a car? Is his turban going to protect his head more than a helmet would?"

Kris Reyes will have much more on this divisive dispute on CityNews at Five and Six.


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