Last week, the Supreme Court of Canada handed down its decision concerning a Quebec Sikh student's right to carry a ceremonial dagger or kirpan. In Multani v. Commission scolaire Marguerite-Bourgeoys, the court held that an "absolute" prohibition against Sikh students wearing kirpans breached their right of freedom of religion under the Charter.
In 2001, Gurbaj Singh Multani was a 12-year-old student in Quebec. He was a baptized Sikh and in accordance with his religious beliefs, he was required to carry a kirpan. according to the Sikh religion, the kirpan must be made of metal; not wood or plastic. In November of that year, his kirpan accidentally became dislodged and fell to the floor. His school applied some common sense to the issue and told him that he could wear his kirpan provided that it was properly sheathed and concealed in his clothing. The conditions that school insisted upon were not contrary to Sikh beliefs and were agreed to by Gurbaj and his family.
The school board however reversed the school's decision and found that carrying a kirpan violated their policy that prohibits students from carrying weapons or dangerous objects while at school. The board's decision was then taken to the courts and ended up, four years later, being decided by the Supreme Court of Canada. The Court found that the prohibition contravened Gurbaj' rights to freedom of religion under Charter of Rights but agreed with the school (and the Multani family) that reasonable conditions could be placed on students such as how big the kirpan can be and how it is to be worn.
Not surprisingly, some Canadians expressed their outrage about the court's decision on talk radio and in letters to the editor. Many complaints were along the lines that "those people" were being allowed to take over and the usual comments about how Canada is bowing down to multiculturalism were made. What was interesting about some of these complaints was that many of them mentioned other students being suspended or expelled from schools for being in possession of items that objectively, pose less of a danger than a ceremonial dagger does. To some, the anger was not directed at the court or at Sikhs so much as it was of the current "zero tolerance" policies that many schools and school boards have.
Escalating youth violence, not only in schools but in society in general has become a major concern. But rather than attempt to enforce discipline or attempt to teach values to young people (and yes their parents too) it is so much easier to simply enact a zero tolerance policy in schools. Not only is it easier but it is a feel good solution that makes those who implement such policies feel that they have really accomplished something. These policies however lead to absurd results that cannot help but anger law abiding parents and citizens.
We have seen a 12-year-old girl in Halifax suspended from school for pushing her friend into a snow bank. and a child in Sutton Ontario was booted out of school because his mother sent him there one day with a bagel, some cream cheese and, ye gads, a butter knife to spread the cheese. Much of the anger that was expressed at the decision of the Supreme Court was not that Sikhs should not be allowed to carry three inch kirpans sheathed underneath their clothing but at the fact that other students cannot bring a dull butter knife to school without suffering serious consequences.
The ridiculousness of the "weapons ban" can be seen when you consider what the definition of a weapon is. Under the Criminal Code a weapon can be anything that can be used or intended to be used as a weapon or any object that can be used to intimidate or threaten another person. Needless to say schools are full of such weapons, ranging from baseball bats, knives in cafeterias, chairs or any number of objects that are not nailed down to the floor and that are capable of causing injury to another student or staff member. It is understandable for some people to resent the fact that Sikh students can wear a dagger while their children can be suspended or expelled from school for having similar objects for non violent purposes.
It would be nice if schools and their boards exercised the same common sense when it comes to what is allowed and not allowed as Gurbaj Multani's school initially did when they discovered that he wore a kirpan.
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