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Friday, March 7, 2008

Sikh loses court challenge to ride motorcycle without helmet

OTTAWA (AFP) — A Sikh on Thursday lost his bid to ride his motorcycle without safety headgear when a court upheld Canada's helmet laws, ruling that riding without it would increase public healthcare costs in the event of a crash.
Baljinder Badesha, 39, immigrated to Canada in 1989 and had been an avid motorcyclist in his native India.
He challenged a law requiring him to wear a helmet over his turban when riding a motorcycle after being ticketed in mid-2005 for doing so, about a month after he purchased a Honda Shadow motorcycle.
Ontario Court Judge James Blacklock ruled the law indeed violates his constitutional right to religious freedoms, but is justifiable because the safety measure dramatically reduces public healthcare costs and saves lives.
"Given the nature of Mr. Baljinder Badesha's beliefs, which foreclose him from wearing anything over his turban, and yet the unquestioned safety and related issues, this is one of those cases in which, unfortunately, no accommodation appears possible," Judge Blacklock said in his decision.
Badesha and his supporters told local media they were not disheartened by the ruling, saying they would now lobby the government to change the law.
He maintains the helmet law discriminates against Sikhs because their religion obliges them to cover their long hair with nothing more than a turban.

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