Guest guest Posted March 3, 2006 Report Share Posted March 3, 2006 Dear All, As a Sikh i have many good things to say about Canada. But today i am grateful for the positive impact the 8-0 Supreme Court ruling will have on this peaceful, tolerant and compassionate nation. Canada backs Sikh dagger rights Friday, 3 March 2006 Canadian Sikhs should be allowed to wear small daggers central to their faith when they go to school, the country's Supreme Court has ruled. In an 8-0 judgement, the court reversed the ruling of a Montreal school board, which banned Gurbaj Singh Multani from wearing his dagger, known as a kirpan. The kirpan is deemed sacred by Sikhs as a symbol of power and truth. School authorities banned the kirpan in 2001 after an objection by a parent concerned about pupil security. Announcing the judgement, the Supreme Court said that a total ban on kirpans violated the country's Charter of Rights. The charter guarantees total religious freedom within Canada. Safety debate " Religious tolerance is a very important value of Canadian society, " Justice Louise Charron wrote in the judgement. " If some students consider it unfair that Gurbaj Singh may wear his kirpan to school, 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. " Canada backs Sikh dagger rights http://news.bbc.co.uk/1/hi/world/americas/4770744.stm Kirpans OK in schools Religious freedom cited as Montreal board's ban is quashed ELIZABETH THOMPSON, The Gazette; CanWest News Service contributed to this report Published: Friday, March 03, 2006 Freedom of religion trumped security concerns yesterday as the Supreme Court of Canada ruled that barring Montrealer Gurbaj Singh Multani from wearing his dagger-like kirpan to school violates the nation's Charter of Rights and cannot be considered a reasonable restriction on his right to freedom of religion. Schools can reach accommodations with members of the Sikh community on how the ceremonial dagger can be worn, such as making sure it's sheathed and difficult to access, but the kirpan can't be barred altogether from school grounds, the court found in a unanimous ruling. " A total prohibition against wearing a kirpan to school undermines the value of this religious symbol and sends students the message that some religious practices do not merit the same protection as others, " Justice Louise Charron wrote. " On the other hand, accommodating Gurbaj Singh and allowing him to wear his kirpan under certain conditions demonstrates the importance that our society attaches to protecting freedom of religion and to showing respect for its minorities. " The deleterious effects of a total prohibition thus outweigh its salutary effects. " The case centred on Multani, a 17-year-old Montrealer and an orthodox Sikh who was barred from wearing his kirpan to class by the Marguerite Bourgeoys school board on the grounds it could pose a danger to other students. In 2001, Multani, then 12, was attending Ste. Catherine Laboure elementary school in LaSalle when his kirpan, previously undetected, fell to the ground while he was playing in the schoolyard. (Baptized Sikhs are required by their religion to wear the ceremonial dagger.) Efforts to reach an accommodation between the school board and the family failed, and the case ended up in court. The Quebec Superior Court ruled the restriction was a violation of his rights to religious freedom and that Multani could wear the kirpan provided he adhere to several conditions. The Quebec Court of Appeal agreed that barring the kirpan contravened Charter rights to freedom of religion, but ruled it was a reasonable restriction. Whether the school's ban was a reasonable restriction on Multani's freedom of religion and whether it constituted a minimal impairment of that freedom proved to be the turning point yesterday as the court handed down its unanimous ruling. To determine whether someone's right to freedom of religion has been violated, it is important for that person to show that a particular belief or practice is required by their religion and that belief must be genuinely held, Charron wrote for the majority. It is not necessary for everyone to practise the religion in the same way for that belief to be accepted by the court. In Multani's case, there is no doubt that he genuinely believes that wearing the kirpan is a fundamental part of his religion and that wearing a plastic or wooden replica would not respect those tenets. " Forced to choose between leaving his kirpan at home and leaving the public school system, Gurbaj Singh decided to follow his religious conviction and is now attending a private school. The prohibition against wearing his kirpan to school has therefore deprived him of his right to attend a public school, " the court said. Sikhs - who have been in Canada for more than 100 years - have waged numerous court battles over religious rights, with varying degrees of success. The court recognized that the school board's objective of ensuring a reasonable level of safety in schools is a pressing and substantial one. However, the school board did not convince the court that an outright ban on the kirpan was necessary - particularly because there have not been any instances of kirpans being involved in violent incidents in Canadian schools. The court also rejected the school board's argument that the kirpan was a symbol of violence and could poison the atmosphere in schools. " Not only is this assertion contradicted by the evidence regarding the symbolic nature of the kirpan, it is also disrespectful to believers in the Sikh religion and does not take into account Canadian values based on multiculturalism, " the court said. Requiring that kirpans be in sheaths or sewn onto garments should not pose a problem, said Palbinder Shergill, lawyer for the World Sikh Organization. ethompson - - - Kirpan is one of five symbols of Sikhs' faith The kirpan is a ceremonial dagger. In the Sikh religion, which dates back more than 500 years, the kirpan represents spirituality, the defence of all things good, the struggle against injustice and the protection of the weak. An initiated (Khalsa) Sikh, male or female, is required to wear the five physical symbols of the faith, called the five Ks: kirpan (dagger), kanga (comb), kesh (uncut hair), kach (undergarment) and kara (steel bracelet). A kirpan can vary in size, according to the wearer's height and weight. The minimum length of the dagger is 10 centimetres and the average is about 15 centimetres, but it can be as long as 90 centimetres. Under no circumstances can a kirpan be used in a violent manner, the religion states. It is sheathed and securely fastened to the wearer's waist. A person would not wear it to bathe. The Sikh religion was founded in India by Guru Nanak in 1469, and emphasizes family life, philanthropy, service and defence of faith. It eschews alcohol, tobacco, stealing, adultery and gambling. Strictly speaking, a Khalsa Sikh would need to be re-initiated if he or she partook of any of those forbidden things. Some Sikh Canadians wear a smaller version of a kirpan in their hair (a combination kirpan/kanga), or a comb with the image of a kirpan embossed on it. Most of the world's 23 million Sikhs live in India. About 278,000 Sikhs live in Canada. http://www.canada.com/montrealgazette/news/story.html?id=c3aad8f4- 00a8-4f0b-9889-ffc1944ee14c & k=83876 i still remember the day my foot touched its soil October 28, 1988 and vibrations flowed through and pulsated my being. i was dumbstruck by this powerful unique experience (an experience that was subsequently told to many). i wanted to pick up some earth to preserve that memory but could find none on the Mirabel Airport tarmac. At that time i had no knowledge of Shri Mataji or Sahaja Yoga. Neither was i religious and thus could not relate that experience to anything spiritual. Then in the winter of 1993 i found the Adi Shakti and begun an epic journey within my own being, a mystical trek whose end-destination i have still not reached. The mystery of the unique initial experience of vibrations always remained. Why did i feel them on that day only? After years of meditation the answer came in the thoughtless state: " Mother Earth had welcomed you. " Today's Supreme Court ruling brought back memories of that fateful 1988 welcome by my Earth Mother who had nourished me in Her Womb too, just like my physical mother. It is indeed a great day for all Canadians, especially minorities and, of course, Sikhs. But for those like me who found both security and sanctuary of the Primordial Mother far from our land of birth, it is indeed a blessing to be Her son, both of Devibhoomi and Devi Herself. i will be eternally grateful and forever seeking refuge at Her Lotus Feet. May She bless all Her bhaktas, and this great country where i found Her after 42 years of wondering all over Earth .............. never realizing She was/is within all the time, was all my past lives, and will be for all eternity! Jai Shri Adi Shakti, jagbir Quote Link to comment Share on other sites More sharing options...
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