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Sikh Kirpans Allowed In Toronto's Courtrooms
CURTIS RUSH
Toronto has become the first city in Canada to develop a formal policy allowing Sikhs to bring their kirpans into its courthouses.
The kirpan, which is a stylized representation of a sword, will be allowed in public areas of Toronto courthouses subject to certain conditions.
For instance, the court officer must be informed the person is a Khalsa Sikh, and that he or she is carrying a kirpan.
The kirpan, which has an exaggerated curve at the end, must also pass the metal detector. The kirpan has a tip and can have a sharp end much like a pen or pencil.
The total length of the kirpan, including sheath, may not exceed 7.5 inches with a blade of not more than 4 inches. In addition, the kirpan must be worn under clothing and not be easily accessible.
The kirpan is often described as a dagger, which it resembles, but Sikhs say that description is misleading. It is an important article of faith, representing spiritual wisdom and the duty to stand against injustice.
“The risk of the kirpan being used as a weapon has been virtually eliminated,” said Balpreet Singh, legal counsel for the World Sikh Organization of Canada ("WSO").
The religious ideology of the Sikhs spells out that the kirpan should not be used as a weapon, and it is retained in a fabric belt worn under clothing, he said.
The WSO worked on developing the policy with the Ontario Human Rights Commission, Toronto Police, the Toronto Police Services Board and the Ministry of the Attorney General.
The policy was developed as a settlement of two separate human rights cases.
The first one involved a Sikh who was to attend a mandatory class trip to the victim/witness assistance program at the Old City Hall courthouse. That student was denied entry because she would not remove her kirpan.
The second instance involved a Sikh man who was summoned for jury duty at the University Ave. courthouse and was allowed to enter with his kirpan in the morning, but denied re-entry after the lunch break.
The Attorney General’s office will work with Toronto police to identify the best way to have security screenings at each Toronto courthouse.
“This is a step in the right direction, combining respect for a person’s religious observances with accommodation principles and Code obligations,” Chief Commissioner Barbara Hall said in a news release.
Toronto police Deputy Chief Jeff McGuire said in statement that the procedure “recognizes the needs and rights of the Sikh community and the obligation to provide a safe, secure and accessible courthouse environment.”
WSO legal counsel Balpreet Singh said the policy was developed for Toronto courthouses, but he said he hopes to work with other police services in Canada to bring about a similar policy.
Local police services are responsible for court security in Ontario.
“This is a good first step to ensure the kirpan is accommodated in other courtrooms as well,” said Balpreet Singh. “We’re going to have to move forward to make sure this accommodation policy can be introduced in courtrooms York Region and Peel Region.”
Although there are courthouses in other cities that allow the kirpan, Toronto is the first city to have a formal policy with respect to the kirpan.
While the Supreme Court of Canada allows kirpans, there’s no formal policy.
Toronto police spokesman Mark Pugash said police has a long history of working with the Human Rights Commission.
“This is the latest result of our work,” Pugash said. “It’s an accommodation that respects the traditions of diverse communities, while at the same time ensures public safety in courthouses is protected.”
This policy has been communicated to all court offices in Toronto and there is ongoing training, Pugash added.
[Courtesy: The Toronto Star. Edited for sikhchic.com]
May 17, 2012
Conversation about this article
1: Baldev Singh (Bradford, United Kingdom), May 17, 2012, 2:46 PM.
I sincerely hope my Sikh brothers and sisters NEVER abuse or misuse the kirpan for personal 'ego' or 'rage'. It should be worn only with the full discipline and code of conduct of the Khalsa!
2: Ashmeet (Toronto, Ontario, Canada), May 17, 2012, 3:56 PM.
It was disappointing to read hundreds of negative comments in the Toronto Star when this article was published on their website. It makes me think about the apparent "multiculturalism" in Canada when I read about how "white" Canadians perceive this decision as merely a political maneuver to get the Sikh vote bank by the PC government. Also, it disheartens me to realize what they think about us Sikhs, a minority of immigrants who should maybe go back to their own country if we wanted to follow our ethnic traditions.