Judge dismisses case of Sikh man who sued not to wear motorcycle helmet

TORONTO — An Ontario judge has dismissed the case of a devout Sikh man who argued his religious rights were violated when he received a ticket for riding his motorcycle without a helmet.

In ordering Baljinder Badesha to pay a $110 fine, the court ruled that while the law does violate his constitutional right to religious freedom, it is justifiable because helmets dramatically reduce public healthcare costs and save lives.

Badesha argued that Ontario’s mandatory helmet law violated his constitutional rights to practice his religion, which required him to wear a turban at all times while outside his home.

But the court ruled that safety trumps religious freedoms. “Given the nature of Mr. 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 James Blacklock wrote.

“There is a clear increase in the risk of devastating brain injury or death with the accompanying burdens on family members and the public in terms of medical needs.”

Badesha said the law was still “100 percent” discrimination. “We cannot put anything over the turban,” he said outside court. "It is against our religion.”

In his judgment, Blacklock said the fact that British Columbia and Manitoba have exemptions allowing devout Sikhs to ride without a helmet does not mean Ontario is compelled to follow suit.

—RNS