:dateline:Ontario won�t allow turban-wearing Sikhs to ride a motorcycle without wearing a helmet, a decision the Canadian Sikh Association called �deeply� disappointing.
Premier Kathleen Wynne wrote to the organization last week, saying she had struggled with striking the right balance between public safety and religious accommodations.
�After careful deliberation, we have determined that we will not grant this type of exemption as it would pose a road safety risk,� she wrote in the Aug. 14 letter.
�Ultimately, the safety of Ontarians is my utmost priority, and I cannot justify setting that concern aside on this issue.�
The mandatory helmet law is based on extensive research that shows the high risk of injury and death for motorcyclists who ride without a helmet, she added. Mortality rates have gone down 30 percent and head injury rates down 75 percent in jurisdictions with such laws.
Courts have also found that Ontario�s law doesn’t infringe on the Charter of Rights and Freedoms or the Ontario Human Rights Code, she said.
The association has been a strong advocate for an exemption and presented �compelling arguments,� Wynne wrote.
�However, the Ontario government has carefully monitored, and considered, the soundness of accommodating your position, drawing on relevant academic research, key legal decisions, and consultations with caucus and the community.�
The organization said it felt let down by the Liberal government, which had promised to bring in legislation that would provide the exemption.
�In all our discussions and meetings and consultations, we were given the understanding, assurances, commitment that we will be moving forward on this,� said Manohar Singh Bal, secretary of the association.
Members of all three parties as well as other high-profile Canadian politicians, such as former premier Bob Rae, all support the exemption, he said. Former transportation minister Glen Murray promised to introduce a bill sometime in March or April this year.
�The premier has reversed her position, I will say, or has not followed through on the understandings and commitments that she gave,� Bal said.
British Columbia, Manitoba and the United Kingdom have all enacted legislation that allows turban-wearing Sikhs the right to ride a motorcycle, he said.
Wearing a turban is part of their religion and dress code, he said. They can�t go out in public without wearing one.
�It�s part of their very being as a person,� Bal said.
Ontario Provincial Police allowed its uniformed officers to wear turbans long ago, but the province won�t grant Sikhs equality when it comes to the helmet law, he said.
�It�s mind boggling how they pick and choose where they want to accommodate Sikhs and where they don�t want to accommodate Sikhs,� he said.
�It�s just like we�re at the mercy of the majority that they will pick and choose which rights we are entitled to and which rights we are not entitled to, and this is a classic example of that.�
Almost a year ago, Wynne spoke out against Quebec�s controversial �values charter� which aimed to impose restrictions on religious clothing and symbols on public servants.
Her government introduced a symbolic motion promising to oppose any bills that would restrict people�s freedom of expression and religion in public places, which was passed unanimously in the legislature.
NDP MPP Jagmeet Singh, who introduced a private member�s bill to support the helmet law exemption, said he�s also disappointed in the Liberals and will continue his efforts to protect all articles of faith.
�While the Wynne Liberals are happy to pay lip service to civil rights, when the rubber meets the road, this so-called activist premier is quick to deny the Sikh community rights recognized elsewhere,� he said in a statement.
