Refusing to be bowed, a turban-wearing Sikh who recently lost his battle to ride his motorcycle without a helmet has formally launched on religious grounds his challenge against Ontario law.
“Today I have fulfilled my promise that I had pledged to my Sikh brothers,” 39-year-old Baljinder Singh Badesha of Brampton told South Asian Focus.
According to Ontario Court Justice James Blacklock's ruling Mar. 6, Badesha was found in violation of the Highway Traffic Act for riding a motorbike without a helmet, and was ordered to pay a $110 fine within 30 days. Blacklock said riding a motorcycle without a helmet would put "undue hardship" on the province due to safety concerns.
The rider is now seeking to again fight his individual battle against the $110 fine, which he said would be a precedent-setting case.
Badesha's lawyer Mel Sokolsky confirmed a formal appeal has now been launched against the $110 fine.
“Of course, this individual case will apply to other religious Sikhs who want to ride a motorcycle without helmet,” Sokolsky told South Asian Focus.
Badesha noted: “We had already won the battle in British Columbia, Manitoba and the United Kingdom. So why not here?
“Soon you will see Sikhs riding motorcycles without a helmet,” he predicted.
“We are safe even without helmet. Can they prove we will not die while wearing a helmet? No, they cannot. Actually there's no guarantee. So why not we follow our own religion,” Badesha added.
Community support
Following the Mar. 6 court verdict, Sikh community members met at a gurdwara in Brampton and, after thoroughly discussing the situation, decided to challenge the law.
The residents demonstrated their backing for Badesha, as did United Sikh Federation and World Sikh Organization.
This time Badesha seemed even more confident he would win.
The World Sikh Organization of Canada had earlier expressed disappointment at the Ontario Court of Justice's decision against Badesha, saying: "A turban is an important Sikh article of faith that shouldn't covered by any other object."
The WSO said wearing a turban didn't substantially raise the risk either to the rider or to others on the road.