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Sikh truckers need helmets when exiting truck at work sites: Quebec Court of Appeal

13 Sep

Good for Quebec!

The Quebec Court of Appeal has ruled against turban-wearing Sikh truck drivers who sought an exemption from putting on the helmet required by their employers.

The province’s highest court ruled Thursday that workplace safety must take precedence over temporary impacts on freedom of religion.

The three Sikh truck drivers had invoked their religious beliefs to challenge the requirement that they wear a hard hat when they have to leave their trucks at the Port of Montreal.

Their employers, three private trucking companies, said they adopted the helmet policy to protect the workers’ health and safety, adding that it was required by law.

The workers first filed an application seeking an exemption in 2006, but it was refused in 2016 by Superior Court Justice André Prevost.

The Quebec Court of Appeal ruled that the Canadian Charter of Rights and Freedoms did not apply in the case because the helmet policy was dictated by private companies, not the state.

The Quebec Charter of Human Rights and Freedoms did apply, the court found, but it concluded the infringement of freedom of religion was justified by the helmet’s safety benefits.

Now we’ll probably end up having a Supreme Court challenge; it will be interesting to see what happens then…

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6 Comments

Posted by on September 13, 2019 in Canada, Fuck Yeah!, good news, law, race, religion, The Kulturkampf

 

6 responses to “Sikh truckers need helmets when exiting truck at work sites: Quebec Court of Appeal

  1. bluecat57

    September 13, 2019 at 11:48 am

    Two options. Helmet under religious head wear. Or custom one over. Ok. Third option, choose NOT to take a JOB that potentially violates your religious beliefs. Fourth option, require a waiver that says they hold harmless and receive no compensation if they are injured or killed. Those aren’t solutions because attorneys won’t get rich and they SOLVE the problem not just make people FEEL good.

     
    • Will S.

      September 13, 2019 at 12:27 pm

      All good solutions, but yeah, don’t allow for lawyers to make money or for courts / governments to virtue-signal, so they won’t be allowed to work.

       
    • greenmantlehoyos

      September 13, 2019 at 1:25 pm

      I mean the obvious thought was for some enterprising Sikh to develop a turban friendly helmet. It’s not like there’s a law forbidding helmet innovation or a need to know rocket science to build new hard hats.

       
      • Will S.

        September 13, 2019 at 1:28 pm

        Indeed. Perhaps though that’s still beyond their capability… 😉

         
  2. feeriker

    September 14, 2019 at 3:38 pm

    The court should have ruled that if these morons choose not to wear helmets for their own protection, then that is their prerogative. HOWEVER, their employers would in no way be held liable if they suffered any injuries or fatalities due to their own free-will choice not to protect themselves.

     

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