The Supreme Court of Canada has indicated it will not hear the involving the Sikh ceremonial dagger, and the Quebec provincial parliament known as the “National Assembly”.
In 2011, the parliament passed a motion saying that security staff could prevent anyone from entering while carrying a sharp object such as scissors, knives, or any potentially dangerous objects.
At the time two members of the World Sikh Organisatio-Canada went to the National Assembly to present a brief regarding a proposed law regarding face veils.
They were prevented from entering as they refused to surrender their kirpans, a ceremonial dagger recognised as a symbol of their religion.
A 2006 ruling by the Supreme Court based on the Charter of Rights and Freedoms recognised the rights of a young Sikh student in Quebec to wear his kirpan to school –under certain conditions- as it was a religious symbol. Those conditions meant it would be worn concealed under clothes and sown into a sheath therevy virtually preventing its access and potential security concerns.
In this case, the two members took their case to court where they lost in Quebec Superior Court and then again in the three member Quebec Appeals Court, in both cases the courts ruled the Assembly has a right to decide to exclude strangers as parliamentary privilege that was enshrined in the Constitution. That privilege is not subject to the Charter.
In the decision earlier this year Appeals court judge Justice Healy wrote on behalf of the panel adding ,” “I make no comment whether the assembly’s exercise of the privilege to exclude the kirpan is a wise decision.”
The WSO requested a hearing at the Supreme Court which today announced it would not hear the case.
In response the WSO released a statement today saying in part, “WSO President Mukhbir Singh said today, “we are disappointed by today’s decision to deny leave to appeal in the Singh v. A.G. of Quebec case. While we appreciate that this decision is not so much about the kirpan as it is about parliamentary privilege, we believe that there continues to be a serious violation of freedom of religion by excluding Sikhs who wear the kirpan from the Quebec National Assembly. In Canada, the kirpan is completely prohibited in only two places- prison and the Quebec National Assembly. Excluding an entire religious community from the province’s legislature is deeply troubling. Given the political climate in Quebec with the current government threatening a ban on religious symbols in general, we fear that religious minorities in Quebec risk being marginalized and excluded even further. While we were hopeful that our case would be revisited based on the new framework for parliamentary privilege developed by the Supreme Court of Canada in the recently released Chagnon case, we are reviewing all our options under Canadian and international law.”
Additional information-sources
- Quebec Court of Appeal: Balpreet Singh and Harminder Kaur v Attorney General of Quebec
- Canadian Press: (via Montreal GazetteJ Oct 25/18: SCC won’t hear kirpan case
- Canadian Press (via CBC): Feb 20/18: Quebec court upholds kirpan ban
- CBC: Mar 2/06: SCC overturns Quebec kirpan ban in schools
- Harris Legal News: Mar 15/06: SCC right of kirpan at school
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