kitchen knives and daggers

Dagger ban overturned, But officials may impose restrictions, top court rules
Mar. 2, 2006

OTTAWA - A Montreal school board went too far in imposing a blanket ban on the wearing of Sikh ceremonial daggers by students, says the Supreme Court of Canada.

In an 8-0 judgment Thursday, the court overturned a decision that barred teenager Gurbaj Singh Multani from wearing the dagger, known as a kirpan, to class.

The court said a total ban can’t pass muster under the Charter of Rights, because the policy infringes the constitutional guarantee of religious freedom.

But the court left room for some restrictions to be imposed on the carrying of kirpans in the name of public safety.

A number of schools in British Columbia, Alberta and Ontario have long permitted the wearing of kirpans subject to certain conditions.

The rules often include a size limit on the dagger, or a requirement to keep it sheathed and to wear it under clothing and out of sight.

Those conditions are acceptable to the vast majority of orthodox Sikhs, said Palbinder Shergill, counsel for the Canadian branch of the World Sikh Organization. ...

That amounts to “overwhelming empirical evidence that the kirpan is not a dangerous weapon,” said Grey.

Francois Aquin, the lawyer for the Montreal board, retorted that there have never been any school assaults with kitchen knives either.

“That doesn’t mean we will allow students to carry kitchen knives in school.”

The case made its way to the high court after conflicting decisions at the provincial level.

A Quebec Superior Court judge ruled in Gurbaj Singh’s favour in 2002, saying he could carry the kirpan under certain conditions — for example, if he kept it sewn into a cloth envelope to be worn beneath his clothing.

Quebec Court of Appeal reversed that decision in 2004, ruling that the school board had the power to impose a total ban.

Other precedents in other provinces have produced a patchwork of policies — not only in schools but in other public institutions.

For example, Sikh MPs can wear kirpans in the House of Commons and visitors can wear them in the public galleries.

It’s all right to wear kirpans in the Supreme Court of Canada, but trial judges in some provinces have banned them from their courtrooms.

Most airlines once allowed passengers to wear kirpans with blades no longer than 10 centimetres. In the security crackdown that followed the 9-11 terrorist attacks, however, Transport Canada decreed a country-wide ban.

The Supreme Court judgment is confined to school situations and does not apply to other areas, which the judges noted may be subject to different policy considerations.
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