R v Multani Law Factom
Written by Sambhav Dhawan
Advocating for the Appellant
Multani v. Commission Scolaire Marguerite-Bourgeoys and
Attorney General of Quebec
The appellant Balvir Singh Multani and his son Gurbaj Singh Multani are orthodox Sikhs 1.
Gurbaj Singh, born in 19892, as being a devoted Sikh follower. Gurbaj believes that his religion requires him to wear a kirpan at all times. A kirpan is as small religious object which symbolizes the purity of the faith and his commitment to defend it3.It bears a resemblance to a blade and is required to be made of metal. In November 2001, little 12 year old Gurbaj
Singh accidentally dropped his kirpan while playing in the school yard, which he was wearing underneath his clothing. He attended École Sainte‑Catherine‑Labouré, after the discovery of the kirpan by the school board. In December they decided to send Gurbaj’s parents a letter as a measure of giving him “reasonable accommodation”, indicating that he may bring the kirpan to school, as long as it met certain conditions to ensure the safety of others, on par with the school code of conduct. It required Gurbaj to conceal the kirpan, and it to be sewn in to his clothing. Both Gurbaj and his parents agreed to this agreement.
Henceforth Gurbaj was allowed to wear his kirpan at school. Two months after this resolution was set in motion, the school board’s governing body declined to approve the resolution. Their reason to deny the agreement was that carrying a kirpan violated art.5 of the school’s code of conduct, which prohibits the carrying of weapons, weapon replicas or anything resembling a weapon and other dangerous objects on school property. In March of 2002, the Multanis appealed to the council of commissioners to reconsider the governing board’s decision. After rigorous debate and much internal tension4.The council upheld the previous decision. The council also informed the Multanis that a symbolic version of the kirpan, in the form of a pendant or one in a
Advocating for the Appellant
Multani v. Commission Scolaire Marguerite-Bourgeoys and
Attorney General of Quebec
The appellant Balvir Singh Multani and his son Gurbaj Singh Multani are orthodox Sikhs 1.
Gurbaj Singh, born in 19892, as being a devoted Sikh follower. Gurbaj believes that his religion requires him to wear a kirpan at all times. A kirpan is as small religious object which symbolizes the purity of the faith and his commitment to defend it3.It bears a resemblance to a blade and is required to be made of metal. In November 2001, little 12 year old Gurbaj
Singh accidentally dropped his kirpan while playing in the school yard, which he was wearing underneath his clothing. He attended École Sainte‑Catherine‑Labouré, after the discovery of the kirpan by the school board. In December they decided to send Gurbaj’s parents a letter as a measure of giving him “reasonable accommodation”, indicating that he may bring the kirpan to school, as long as it met certain conditions to ensure the safety of others, on par with the school code of conduct. It required Gurbaj to conceal the kirpan, and it to be sewn in to his clothing. Both Gurbaj and his parents agreed to this agreement.
Henceforth Gurbaj was allowed to wear his kirpan at school. Two months after this resolution was set in motion, the school board’s governing body declined to approve the resolution. Their reason to deny the agreement was that carrying a kirpan violated art.5 of the school’s code of conduct, which prohibits the carrying of weapons, weapon replicas or anything resembling a weapon and other dangerous objects on school property. In March of 2002, the Multanis appealed to the council of commissioners to reconsider the governing board’s decision. After rigorous debate and much internal tension4.The council upheld the previous decision. The council also informed the Multanis that a symbolic version of the kirpan, in the form of a pendant or one in a
Cited: (2006). Retrieved April 7, 2012, from Judgements of the supreme court of canada: http://scc.lexum.org/en/2006/2006scc6/2006scc6.pdf Canadian Human Rights Reporter. (2006). BARRING KIRPAN VIOLATES FREEDOM OF RELIGION. Retrieved April 7, 2012, from Canadian Human Rights Reporter: http://www.cdn-hrreporter.ca/hr_topics/religion-and-creed/barring-kirpan-violates-freedom-religion CBC. (2006, March 2). Timeline: The Quebec kirpan case. Retrieved April 9, 2012, from CBC: http://www.cbc.ca/news/background/kirpan/ Centre of Constitutional Studies. (2006, March). Multani v. Commission Scolaire: The Kirpan Case. Retrieved April 8, 2012, from Centre of Constitutional Studies: http://www.law.ualberta.ca/centres/ccs/rulings/thekirpancase.php Ellis, L., Hird, R., & Panos, L.-M. (2005, December). Religious symbols and attire in schools. Retrieved April 7, 2012, from Find Articals: Multani v. Commission scolaire Marguerite-Bourgeoys and Attorney General of Quebec, 2006 SCC 6, http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2006scc006.wpd.html.