Helmets before Turbans

[Snowgoose]

http://www.torontosun.com/News/TorontoA ... 26481.html

Brampton judge rejects Sikh man's application to ride a motorcycle without a helmet

BRAMPTON — A judge has ruled against a turban wearing Sikh man who is fighting a $110 traffic ticket for not wearing a helmet while riding his motorcycle.

Baljinder Singh Badesha was issued the ticket in Sept. 2005 and has been in court fighting it on the basis that it violated his right to practice his religion.

It is a case that has captured the attention of the Human Rights Commission and has created a stir of controversy over whether observant Sikhs should have to wear helmets.

In his 34-page decision, Justice James Blacklock said "in this case I am satisfied that the law here is neutral in purpose. It does not draw any distinctions based on religion or creed."

"The law does not leave to (Sikhs) a simple option of choosing to wear a helmet or not in order to participate in life in Ontario as a rider of a motorcycle. Rather, the choice the law puts to them is more difficult. It is either to not operate a motorcycle on a public road or to abandon a feature of their religious faith."

However, given evidence presented showing the dangers of riding a motorcycle without a helmet, "a rational and informed person would appreciate the grave dangers to their person inherent in riding a motorcycle helmetless as well as the implications that such dangers held for the members of their family."

Badesha's application would require the provincial government "to abandon its interest in, and efforts to protect the lives and safety of all riders of motorcycles, their dependents as well as other users of the road," Blacklock wrote.

"In the result then the current application is dismissed and counsel are free to address me further with respect to the scheduling of the remaining issues in this matter, namely the making of a finding of guilt and the imposition of sentence."

Blacklock left it to the legislature to decide how the legal implications surrounding similar complaints in the future will be dealt with.

[N2]

It really is a shame we have to tie up the courts with nonsense like this!

[2R]

Did he take his dagger into court ???

[Wacko]

Well, at least they didn't give in. I'm tired of courts/businesses and people in general bending over backwards for "minorities". I wonder if they will afford Caucasians the same courtesy as that demographic is shrinking.

[CID]

I wonder if they will afford Caucasians the same courtesy as that demographic is shrinking.

The "caucasian" demographic is shrinking as fast as the attempts to define are. Are you aware that some definitions include people from parts of India? Furthermore, since when is law in Canada based on “caucasian” values?? I don’t know what’s more disturbing. The attempt of the motorcyclist to evade a fine based on perceived intolerance or the racial undertones of the replies in this thread.

[Snowgoose]

I hope this doesn't turn racial. It wasn't my intent. I know there's lots of bikers in this forum so I thought I would share.

I don't care who it is, if I have to foot the hospital bill through my tax dollars because someone doesn't want to wear safety equipment, fine away I say. And I would also say $110 is a little cheap.

[Wacko]

All I'm saying is that a "visibly" white guy says the "N" word... and it's on CNN for the next month. Some "visibly" black dude makes racial remarks and it's all good. Canada, and the rest of the world should NOT bend rules for people based on religion or ethnicity. At what point do you draw the line? When that guy gets hit by a truck on the road, splits his head and is in a coma for the next decade "I" refuse to pay for his medical and family bills. NOT because of his religious beliefs but because in MY opinion he forfeit his clams to our social system. I don't care if you want to (in this instance) ride the motorcycle naked... but if something happens to you YOU should be the one paying the bill.

[Wacko]

... yeah... I regret wording my last post the way I did...

[Doc]

Someday it will be considered "racial" to wipe one's ass with the "wrong" hand. There. Who did I insult with that little gem?

[Wacko]

Hahahaha... you know I heard that somewhere in the middle east it depends on which hand you wipe with! They use the left as the right is used for eating

[Rowdy]

If ya aint gonna be safe.. you should foot your own bill.. regardless of age, height, weight, sex, color of your skin or who you believe in. Ihate this racist nonsense.. We're all ONE race... HUMAN!!

Don't play by the rules? Don't expect any help. Simple

well thats MY opinion anyways

Lets see who shits on me for this. haha

[Hedley]

Why are you guys so upset? If these guys don't want
to wear helmets, well ...

[bandaid]

... yeah... I regret wording my last post the way I did...

You can always delete it!!!!

[JakeYYZ]

The judge who ruled in the motorcycle rider seeking a religious exemption had to dig pretty deep into moral relativism to come up with these gems:
"The raw numbers of deaths, injuries and public dollars are, however, only a part of the story in this situation.
"Behind those numbers rests the devastation, experienced at an individual human level, whenever the avoidable loss of life of a family member occurs.
"Children can be scarred long-term by having a parent suddenly and prematurely taken away from them.
"Spouses are bereaved and can be left economically crippled.
"A parent who buries a child when the death could have been avoided could be emotionally adrift the rest of their lives."
So fellow Canadians, the judiciary is kind enough to put a nappy on your butt, and talc properly.
Not because it is one's own free will and choice - but because heath care cost would increase, and most importantly, they are doing it for your family.
Thanks Mr. Orwell for such a useful summary of our modern age.
The @$$hole social engineering judges in this country are the strongest impediment to freedom of the individual in this nation, and the reason why our bloated bureaucracies and government intrudes in almost every aspect of our lives.
But, really, it's ok. See, it is for the children.
This should frighten every reasonable thinking individual in this country on its' implication.
The state will move upon and coerce you - if it so deems it.
Another thing that steams my clams, is this a$$hat Sikh isn’t paying the freight for this court challenge …this is your tax dollars at work through the Ontario HRC. Expect this thing to go the SCOC….your tax dollars at work, again.

[niss]

And what do the people here have to say about BC and Manitoba who allow Sikhs to not have to wear a helmet?

I think that given the fact that it is allowed in other provinces gives him the right to persue it. I would much rather he didn't and that he would leave race out if it and just pay the damn bill but things would be much different if the law were the same in every province.

[Snowgoose]

"Roads and riding a motorcycle are something that is available to everybody in Ontario provided they wear a helmet. But that condition makes it impossible for Mr. Bedesha and everybody of the Sikh religion."

I guess it's simple then. Don't ride a motorcycle. Just like scuba diving, skydiving, and being an astronaut, they don't fit in with your faith.

http://www.thestar.com/News/Ontario/article/303897


The Ontario Human Rights Commission has ridden to the defence of a Brampton man who says being forced to wear a motorcycle helmet instead of his turban runs counter to his religious faith.

Baljinder Badesha, above, who was charged by Peel police in September 2005 with failing to wear a helmet, said he understands the inherent dangers of riding a motorcycle without a helmet but is willing to take the risk to follow his Sikh tenets.

"I know it is for safety, but people die in car accidents all the time," the 39-year-old owner of a used car dealership said yesterday outside a Brampton court. He is fighting a $110 ticket he received for wearing his turban instead of a helmet while riding his motorcycle on Queen St. in Brampton near Hwy. 410.

Now the Ontario Human Rights Commission is siding with him, insisting Badesha is being discriminated against.

"Telling Mr. Badesha to choose between his religion or participating in the normal life of Ontario is discrimination," Scott Hutchison, an attorney for the human rights commission, told a Brampton court yesterday.

"Roads and riding a motorcycle are something that is available to everybody in Ontario provided they wear a helmet. But that condition makes it impossible for Mr. Bedesha and everybody of the Sikh religion. That amounts to discrimination."

He said the Human Rights code "prevails" over the Highway Traffic Act (HTA). Forcing him to wear his helmet "infringes on his human dignity," Hutchison said.

Badesha hasn't ridden his motorcycle since he received his ticket.

"I was riding for three or four weeks. They caught me one day and gave me a ticket," said Badesha, outside of the courtroom. "I haven't ridden since."

The married father of four has also been prevented from test-riding motorcycles sold at his dealership.

Having previously resided in British Columbia, where Sikhs are exempt from wearing helmets, he said he didn't know it was against the law in Ontario. Court heard that Manitoba also makes the exemption as does the United Kingdom, Hong Kong and India.

In an affidavit entered in court, Badesha said he had a "sincere" belief that he was obligated under the tenets of his faith to wear a turban at all times when outside his home.

"We want an exemption for our religion," he said outside court.

Hutchison said Badesha would not be required to take off his turban if he went into a restaurant that had a requirement for people to take off their hats.

"The code would apply," he said.

Should Justice James Blacklock acquit Badesha on the grounds he was discriminated against, Hutchison said it would not prohibit officers from laying charges against other Sikhs, who would have to seek similar relief from the courts.

[Inverted2]

Why doesnt he just get motorcycle helmet and wrap a turbin around it? Then his melon would be protected and he would still have the cool factor of wearing his turbin?!

[grimey]

"Roads and riding a motorcycle are something that is available to everybody in Ontario provided they wear a helmet. But that condition makes it impossible for Mr. Bedesha and everybody of the Sikh religion."

Uh, no. His strict adherence to his religion prevents him from complying with the law. I'm all for letting him (or anyone else) ride without a helmet, on one condition: Their provincial health insurance card says that head injuries aren't covered if a helmet wasn't worn. And when someone ends up in a coma or severely brain damaged, they can pay their hospital and rehabilitation bills out of pocket.

Hutchison said Badesha would not be required to take off his turban if he went into a restaurant that had a requirement for people to take off their hats.

"The code would apply," he said.

Strawman. Restaurants don't make hat laws in the interest of public safety and lower health care costs.

[2R]

Now this is a bike !!!! 390 kmh
http://www.youtube.com/watch?v=gpQP4v_Z ... re=related


Dear Santa ,
i promise to be good next year if i get one of these for X-mas

[Wacko]

... yeah... I regret wording my last post the way I did...

You can always delete it!!!!

That would screw up the thread. I like continuity and order.

[Phaedrus]

Would his turban not provide him at least a modest form of protection in the absence of a helmet?
It's all about personal responsability, and if it's good enough for him- it's good enough for me.

[grimey]

Would his turban not provide him at least a modest form of protection in the absence of a helmet?
It's all about personal responsability, and if it's good enough for him- it's good enough for me.

In a country with private health insurance, sure. He doesn't live in one. Life insurance companies regularly have their clients swear not to participate in certain hobbies (skydiving, etc), or make them pay a larger premium. As a taxpayer in a country with public health insurance, I am his insurance company. As far as I'm concerned, he can either stop riding the bike, put on a helmet, give up his health insurance, or pay a premium for it on top of his provincial and federal income taxes. Somehow I doubt he's willing to do any of those things.

[LH]

Has it never crossed anyone's mind that there are those who will go to court to protest something that they never intend on doing anyway. I live in Manitoba and ride my bike also in the summers and I've seen and mixed with guys who openly admit that they are practicing Sikh......and they put their helmet down on the floor too, next to the table when we stop for a coffee. One advised me some time ago that he wasn't giving-up his religion and he wasn't giving-up his Harley...........and he wasn't giving-up wearing his helmet when going down the road at 100-110KPH. He was pretty sure also that motorcycles weren't invented yet when those rules were passed into his religion.

[Airtids]

I'm gonna solve this problem, and make a million bucks while doing it. I'm going to manufacture and market the most massive helmet in history, that will go over the turban. Wanna ride a bike in this country, be covered by medicare, and still follow the dictates of your religion? Awesome! That'll be $1499.95 please and thank you. You guys are all so short-sighted... Lemons to lemonade, boys, lemons to lemonade!

[bob sacamano]

Daggers, turbans, and the holiday tree. What's Canada coming to????

This Christmas I was passing by the Legislature in Winnipeg, and to my dismay, no Christmas tree but a Minora!!!! Not only was I upset, but I was insulted! When did we all become jewish???? Why did they only put a minora that was all light up using tax money? Why is this court even taking place with the citizen's tax money?

What are all of you doing about this? I hope you're not just sitting idle and watching this become the norm. I hope that you are lobbying and using your voting power to elect officials that will put a stop to all of this nonsense.

/rant.