Helmet Law Upheld in Ontario

Sikh challenge comes up short

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A Sikh in Ontario, Canada, has lost his challenge to the $110 ticket he received back in September 2005 for not wearing a helmet while riding his Honda ShadowBaljinder Badesha, 39, claims the Ontario helmet law is “100 per cent” discrimination no matter what the safety issues are when riding without a helmet.

We cannot put anything over the turban, it is against our religion.  Mr. Badesha said outside court.

British Columbia and Manitoba, are two provinces in Canada that do allow devout Sikh’s to be exempt from their helmet laws, Badesha along with his supporters vow to lobby the government for the same treatment.  Justice James Blacklock, who ruled on the case, said that Ontario is not compelled to follow suit with the other provinces.  Blacklock, also wrote that the province has a “legitimate state interest” in avoiding the “extra significant expense” associated with motorcycle accidents under the Ontario Health Insurance Plan.

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.  Ontario Superior Court Justice James Blacklock ruled.

Mr. Badesha has one month to pay the fine but he does have the option to appeal the decision and will make that decision “very quickly”, his lawyer said.

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  • http://motorcycle.com C.P. McCracken

    I think its discrimination when you immigrants want to change the law to suit yourselves.If you dont like it GO HOME

  • Garry Smith

    I live in British Columbia where those with turbans are exempted from wearing any helmets. That policy destroys any creditability that may have existed by instituting the law in the first place. Try explaining to a gentleman with a speed violation is his hand that it is your right to drive as fast as you wish as it is the freedom of your religious expression to do so.

    Hasn’t worked for me!!

    One of the definitions of “religion” is ” to repeat”. It has nothing to do with one’s belief system.

  • Garry Smith

    Personally, I feel that we should all have the freedom to choice to wear a helmet or not.

    If involved in an accident, insurance is void by not wearing a helmet.
    Just pay for your beliefs rather than expecting others to do so. Grow up.

    I don’t like a helmet any more than anyone else, but, I need to accept the responsibility that comes with my choices. Pay for your own ambulance, doctors, hospital, lost income. That is also on the basis of religious freedom.

  • http://motorcycle.com robert

    forgive me for my ignorance.
    maybe someone should come up with a d.o.t. or snell approved turban?
    if you are successful. then maybe a hockey helmet. i think it’s high time the sikh community start contributing some hockey players for our country’s sacred sport

  • lyle

    I’m with McCracken, the law was put there to be obeyed and not a lot of words that you change to your own liking.

    Hey I’m with McCracken. The law is there to be obeyed and not a lot of words to be turned around to suit your fancy. Suck it up and obey the LAW.

  • Brian

    I believe in the religion of HighSpeedOlogy. It requires me to reach speeds of 100+ mph regularly. Too bad my religious beliefs are being infringed upon by those evil police!

    Here’s a compromise: put the helmet on and then put the turban over it. Yeah, you look like a total moron, but you already did anyway, so what’s the diff? Wearing a towel on your head will not get you to some mystical land where 72 women are your property…

  • http://survival-books.com Don

    Head injuries are a bear, and often society has to bare the medical costs brought by a helmetless rider. If the rider only wants a turbin to protect him, then maybe Allah should pay the hospital bills.

  • Duke

    Here’s a thought:

    Stay off the motorcycle. Much like Jewish people don’t expect you to put kosher food in every restaurant; they just don’t go where there isn’t any. Can’t wear anything over the turban? Can’t ride a motorcycle without a helmet? Keep your turbaned self off the motorcycle. Seems pretty easy to me: it’s called sacrifice. Has your religion no concept of sacrifice from anyone who is _not_ a woman?

  • Wayne

    Allah can suck my dick!!!

  • http://blog.motorcycle.com/2009/06/16/motorcycle-news/helmet-law-upheld-in-ontario/ RB

    To the morons who think he is Muslim… he is not. He is a Sikh. I know, i know, he does look like OBL and his band of nuts. Unfortunately this guy doesn’t get 72 virgins (or non virgins) when he dies, nor is Allah going to pay his medical bills.
    I do like the idea of Insurance companies not paying when the rider goes down without a helmet, that will make him think twice about religion vs medical bills.

  • http://www.geco.ca H klein

    if the only reason the justice system can use to enforce the helmet law is “the burdon on all of society for the medical cost” then we need to add more laws to the books.
    1-make smoking illegal
    2-make all motor sports illegal
    3-no more bungie jumping
    4-no more adventures like mountain climbing, arctic exploring, camping, hiking, boating, canoeing, diving…
    There are all kinds of activites the all of society picks up the bill on when people do what people do. why am I decriminated apon because I ride a motorcycle? Why do I not deserve the right of choice like the afore mentioned?
    Beyond that the argument of the justice is flawed, in jurisdictions with “no helmet law” tha vast majority of fatal injury is a “body injury” not head. Last actual numbers were less than 15% of death due to head injury. So why i have to wear a lid but all day long i see my peers riding with Speedo’s and flip flops?
    that’s simple, lid laws were put in place due to the lobbying of, you guessed it, “lid manufactures”. It had NOTHING to do with any actual fact on death or injury. It has to do with money and control.
    We should all get behind this discrimination charge and send him money. It will set a presidant by which we {motorcycle riders} can form a new religion that does not permit us to wear a lid iether.

    Just a thought, I sent him 10 bucks.

  • http://www.geco.ca H klein

    sorry folks, but i can not let this go. If justice is about the fairness for all and balance then I need to be explained why we let gambling go on in Ontario. When a new casino is going to open in a new jusidiction they already know what damage it will do to the community in the form of broken marriages, lost homes, suicide and just simple addiction. But, that is legal? Why?…..let me guess, the government reaps huge profits so we can pay for a whole new support system filled with social workers to help prop up these destroyed souls? Bottom line is not justice, not fair distribution of law for all….it is money made by a handfull of people at the expense of your freedom.
    Join me and my “Church of Perpetual Motion” cast out the demons that would control us and not let the air blow through our hair!

    Cheers, Helm

  • Tim

    If they want to ride without an helmet, that is their choice, their insurance should be void for any head injury claims unless they purchase extra coverage.

  • Force

    They came to this country obviously because they were fed up with there’s. Want to be a Canadian living in Canada then respect our laws or go the fu#k home I will gladly chip in for your airline ticket.

  • Nick

    If your religion prevents you from wearing a helmet, and the law requires a helmet on a motorcycle, then obviously your religion prevents you from riding a motorcycle.

    Simple enough.

  • singh

    all you d..k heads……

  • Denise

    WOW! What a bunch of haters we have.

    Nick made a lot of sense in saying, “If you can’t wear a helmet because of religious beliefs then you can’t ride a motorcycle.” You may enjoy the ride in areas where a helmet is not required but we all have to obey the laws.

    People like Force who are willing to pay to help get foreigners out of his country are just sickening in this day and age. Most of you people who are B%$@ing don’t even know the difference in religions. Get a life and let everyone live theirs.

    I bet all of you have gone to traffic court and tried on one way or another to “beat a ticket.”

  • Denise

    Force, you are an asswipe.

  • alex fords

    they should all follow CANADAS laws just like we do i find them realy stupid

  • Pierre

    For the ones wearing turbans instead of a helmet. If you wear a turban then it is your cost if you get into an accident. The law is the law and your in Canada. If I would go to India and try to change the law for me they wouldn’t hesitate to kill me or send me home in a coffin. Well all I have to say is we didn’t ask you to come here you came because we accept anyone with open arms and now your trying to change Canada to India. If you don’t like our laws then go home and see what they would do to you ..

  • http://blog.motorcycle.com/2009/06/16/motorcycle-news/helmet-law-upheld-in-ontario/#comments Mkaur

    If we don’t wear helmets because we can’t, what is it going to do to you?

  • deol

    u all want to mess with singhs cmon u …we will defeat u as we defeated afganistanies 100 years ago..what ur government couldnt do till now get a life slaves

  • BladeRunner

    Well, I think you all have missed the underlying issues; we as Canadians built this country into the fine place it is today, with the hard work and sacrifice of many..including immigrants; But those immigrants that worked so hard along side Canadians accepted the laws, the culture, & most became Canadian citizens.
    This “new” wave of immigrants wants to change all that we have built to suit their own beliefs.

    Many of our traditions are under attack by these new immigrants! I firmly believe if we don’t speak up..soon there will be pockets of Sharia laws! Does anyone know what that could mean? Canadians will be illegal..in some places..IN THEIR OWN HOME & COUNTRY!!
    Wake up Canadians!! This “turning” our own land by immigrants into the places they couldn’t wait to leave..will not stop unless we stop it, I say to those who don’t accept our laws & culture…go back where you came from. This type of so called “religious” freedom is just a bullshit excuse to get their way here in Canada.

    This will indeed become a GIANT civil unrest issue if our laws are allowed to be pissed on & threatened in the name of so called “religion”. Follow & accept our laws or GET OUT!
    I fully agree with those who have said if your religion precludes you from any activity..then don’t do it!!..It can’t be any easier than that; Don’t come to MY country & tell me you will fight to change my laws for your own purpose!!
    What we have going on here is a classic case of “the tail wagging the dog”…

  • Dave

    Well, Rag Head call some who gives a shit. FIT IN OR GET OUT

  • Phil

    Wow…I’m shocked…at most of the responses to this post. How most of you seem to be so rascist, is the worst thing…stating things that you have no knowledge about…I’d suggest you all learn something about others religions, before you make such comments, as it just shows ignorance….here in Canada, we pride ourselves on having a multicultural society…and, when a Country accepts people from different faiths, they also must respect their values. Having people from different faiths and cultures living together in a multicultural society is beneficial for everyone… Over the case of this Sikh gentleman, and the helmet law, why should he be discriminated against, as his faith prohibits him from covering his Turban..I agree with some others, that people should have the freedom of choice to wear a helmet or not, and that if a rider decides not to, for whatever reason, then any accident that involves head damage, would be void, unless perhaps an extra premium was paid on Insurance….then it is fair to everyone, and would not impose costs on the Province. Obviously, it is a safer practice to wear a helmet, but it should be a riders choice – say with an age limit implemented on younger riders. If Sikh riders can make a strong enough point, then perhaps it can eventually help EVERYONE toward having more freedom of choice. If BC and Manitoba can make the exception, then why not Ontario, and the other provinces? Someone made a point about those that ride in shorts and sandals – that’s freedom of choice, which no-one bats an eyelid over, and a VERY UNSAFE practice…don’t you think that losing a leg in an accident would not cost the state for medical and unemployment benefits? But, that’s OK by the letter of the law! It’s time everyone worked together, to create FAIR LAWS for everyone who resides here….and it’s way time that any of you with rascist views should get with the times; we all belong to a Country Full of immigrants, which most of us are, one way or another, and we all contribute to make Canada the country that it is – so the laws should reflect fairness to all…just my 2 cents…

  • bumpfire

    Hey frenchie,its the damn law is why haji has to wear a helmet!I dont like having to take my John Deere hat off to ride either.But if I have to do it in order to put my HELMET on,which I have to do according to my ststes laws concerning such,then so be it,As far as Canada being a utopia,keep on believing it,

  • Denzel

    Guess who has to pay for his head to be put back together when he loses it to stupidity ? We do . The tax payers with our “health care” system.. Well how is it health care when some one puts religion befor his own health? Or wait I forgot all wars have started from religion .. Get the F@$k out of here s$@t for brains , and if you fight for people that never fought for this country you can follow them when they leave !

  • William

    People come to this country to forge a better way of life for themselves and then they (not all of them) realize they can change our culture and laws to suit themselves. Ever wonder what would happen if you were to try and do that in their home country? I will give you a hint. You wouldn’t get sent home.