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In a decision hailed as a victory for religious freedom, the Supreme Court of Canada ruled yesterday that Sikh students can carry ceremonial daggers to class, and that doing so poses no real danger to others.
The top court overturned a Quebec Court of Appeal ruling that had effectively banned the kirpan from schools in the province. The Quebec court said a limit on religious freedom was reasonable given the safety concerns.
The Supreme Court ruled 8-0 that a complete ban was unjustified, although the judges gave a number of different reasons for doing so.
"Religious tolerance is a very important value of Canadian society," Madam Justice Louise Charron wrote on behalf of five of the eight judges. "A total prohibition against wearing a kirpan to school undermines the value of this religious symbol and sends students the message that some religious practices do not merit the same protection as others."
If the kirpan is sealed inside clothing, the risk of it being used for violent purposes or being taken away by other students is low, Judge Charron said. "There are many objects in schools that could be used to commit violent acts and that are much more easily obtained by students, such as scissors, pencils and baseball bats."
Essentially, the court said individuals should be able to follow a religious practice if they sincerely believe it is necessary and there is no proven reason to prevent it.
Palbinder Shergill, a lawyer for the Canadian branch of the World Sikh Organization, said the way a kirpan is usually carried by students -- in a fabric holster, sewn and strapped down -- "does not pose a threat to anyone."
Alexi Wood, a director of the Canadian Civil Liberties Association, said she was "thrilled" with the Supreme Court ruling because it underscores freedom of religion and ensures that policies regarding the kirpan across the country will be uniform
GLobe and Mail
Many, many Sikh students have had their Kirpans in class for many years and there has never been an inicdent of harm from the practice. On the other hand, many students have been injured when scissors, geometry compasses, pencils and other common devices have been used as weapons.
Mulitculturalism in Canada, while not perfect, seems to be working better than whatever program is in place in the US to deal with such things. Racism does rear it's head occasionally, but mostly people of different cultures get along, and often join in celebratnig each other's special events.
