Canada – Ontario – The province of Ontario in Canada is joining the provinces of Alberta, Manitoba and British Columbia in allowing an exemption from motorcycle helmet wearing for Sikh motorcyclists.
The exemption was announced by Premier Doug Ford and Prabmeet Sarkaria, Parliamentary Assistant to the Minister of Community Safety and Correctional Services, that, “Ontario’s Government for the People is taking steps to grant the Sikh community an exemption from the requirement to wear a helmet while riding a motorcycle.”
“We promised to establish a helmet exemption for Sikh motorcyclists,” said Premier Ford “Today we are taking action to fulfill that promise. We listened to the Sikh community and we intend to exempt them from the requirement to wear a helmet while riding a motorcycle.”
Last week, MPP Sarkaria tabled Bill 41, the Highway Traffic Amendment Act (Helmet Exemption for Sikh Motorcyclists), 2018 which would grant the same exemption in recognition of Sikh motorcycle riders’ civil rights and religious expression.
“I have been calling for a helmet exemption for turbaned Ontario Sikh motorcyclists for several years now,” said MPP Sarkaria. “The wearing of the turban is an essential part of the Sikh faith and identity, and exemptions for Sikhs have been successfully implemented in other provinces in Canada and across the world.”
The official Government press release mentions in justification that, “The United Kingdom, a leader in road safety, implemented the motorcycle helmet exemption for Sikhs in 1976 and continues to be at the forefront of road safety worldwide.”
“The safety of our roads will always remain a priority,” concluded Premier Ford. “But our government also believes that individuals have personal accountability and responsibility with respect to their own well-being.”
The exemption for Sikhs did not come out of thin air and was politically and democratically put for ward to the government in Ontario, debated and lobbied to the government and transport ministry who now have changed the helmet regulation.
The helmet law was challenged in 2008 by a Baljinder Badesha, a devout Sikh through the Ontario Human Rights Commission At the time he was fighting a fine he had been given for refusing to wear his motorcycle helmet, seeking to be excused from this requirement for religious reasons and a request for religious accommodation, the challenge was not successful.
The request for exemption continued through political challenges and disappointment for the Sikh motorcycles through the years.
Fitting Into Road Safety
Our opinion is that motorcycle rights and individual freedom has to fit into road safety, although not all agree.
Fellow riders organised as The Motorcyclists Confederation of Canada (MCC) who set themselves out as, “The voice of motorcycling in Canada” aiming to, “to make Canada one of the safest countries in the world to ride a motorcycle” state on their social media page that it, “does not support the decision of provinces who exempt any Canadian motorcyclist from wearing an approved helmet. The MCC and its member organizations hope motorcyclists will make smart choices and encourage riders to wear “All The Gear, All The Time”.
One “motorcycle expert” Raynald Marchand who has been quoted in several news reports on the exemption, “called the helmet exemption “disappointing” but not surprising” his quoted opinion is that , “The main implication is that we’re going to get people who will get hurt,” he also through his crystal ball of road safety said. “There’s no question that if they do fall, (a turban) will not provide the protection that a helmet would provide.” Although Marchand went on to be quoted as saying, “the exemption should be granted to turban-wearing Sikhs only after they receive their full motorcycle licences, not during training. They are most vulnerable at the learning stage” “They might also find that wearing a helmet is actually a pretty good thing.”
He is also quoted in earlier news reports that, “He understands that the turban isn’t something that can be put on or taken off easily, and that it’s important to those practicing the religion. They can wear a helmet without the turban, it’s just that they need some privacy to go back and forth, and it definitely takes time”
The somewhat confused Marchand is apparently the general manager of programs at the Canada Safety Council, an independent, not-for-profit, non-government organization, knowledge-based, charitable organization dedicated to the cause of safety. The organisation states that they, “Provide national leadership in safety through information, education and collaboration. We are Canada’s voice and resource for safety.”
In our minds eye there is nothing worse than a self-certified safety organisation and its experts with self-made edicts as if chiselled out on tablets of stone.
The Exemption
The wording of the exemption in the Private Members Bill amends the current section of the Highway Traffic Act which requires persons riding or operating a motorcycle or motor assisted bicycle on a highway to wear a helmet:
- No person shall ride on or operate a motorcycle or motor assisted bicycle on a highway unless the person is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin.
by striking out “No person” and adding a subsection:
- does not apply to any person who,
(a) is a member of the Sikh religion;
(b) has unshorn hair; and
(c) habitually wears a turban composed of five or more square meters of cloth.
We have previously reported on helmet exemptions for Sikhs including a history of the exemption as won in the United Kingdom – The Turban Victory.
To repeat again what we have previously said, “It is hard to relate safety to personal freedoms, for whatever reason and a debate with the “safety lobby” is always a fraught one, our opinion is that road safety has to stand aside amongst the reasoning of personal freedom and liberty.”
We congratulate all those who worked to achieve this exemption in Ontario over several years, those who have taken in consideration a more tolerant view regarding this request by the Sikh community as they fought for their rights, respect and freedom, which non-Sikh motorcyclists and non-motorcyclists should grasp in this world we live in.
Information
Sikh Motorcycle Club, Ontario – www.sikhmotorcycleclubontario.com
On Facebook – Sikh Motorcycle Club, Ontario
Ontario Will Exempt Sikh Motorcyclists from Wearing a Helmet
Bill 41, Highway Traffic Amendment Act (Helmet Exemption for Sikh Motorcyclists), 2018
Motorcycle Minds – Sikh Helmet Exemption
Letter of thanks and recognition from the Sikh motorcycle community regarding the helmet exemption.
Indeed he is entitled to put his views forward, which is why they were included in the article from at least two sources because we felt his opinion was relevant. That said, we don’t necessarily have to agree with those views. As you are probably aware, we have always been of the opinion that people are big and ugly enough to make their own decisions regarding protective clothing and equipment. Anyway, we think it’s important to have open discussions. Life would be pretty boring if everybody agreed.
Good motorcycle training is important and in that context we have no issues with M.Marchand or anybody who offers this important service/product for riders. BTW, Elaine (of this Parish), has introduced your colleague at FIM to the person who is responsible for the KTM training programme. Elaine had discussed “We The Riders” with him and the other participants of the COST workshop at Riva del Garda, which was focussed on motorcycle training. I understand that they had a fruitful discussion at the IfZ conference.
I know M. Marchand. He was one of the authors of the ITF report on motorcycle safety. He is entitled to put his view forward. One aspect of the Canada Safety Council (a small one) is the motorcycle rider training they do which is good. For many years another friend of mine Ken Morgan, was the manager of that programme. I first met both of them in 1990.