Kirpan in the national Assembly: Trudeau reiterates its opposition to any ban

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Maxime Huard

Wednesday, February 21, 2018 14:32

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Wednesday, February 21, 2018 14:32

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Caught up in India in a recent judgment confirming the ban on the kirpan in the national Assembly, Justin Trudeau reiterated Wednesday his opposition to any form of restriction of dress imposed on religious minorities.

“I think Canadians know very well where I position myself in defence of the rights of minorities, and the rights of religious minorities to wear what they choose to wear. My position has always been very clear,” said the prime minister of Canada, in a press conference in Delhi.

He has not wanted to clarify if he believed that the decision was unconstitutional, or if it contravened the canadian Charter of rights and freedoms.

The Court of appeal of Québec confirmed on Tuesday that the national Assembly had acted within its privileges when she was adopted, in 2011, a motion supporting the ban on visitors to the building to wear the kirpan.

The superior Court had already rejected, in October 2015, the application submitted by Balpreet Singh and Harminder Kau, members of the World Sikh Organization of Canada (WSOC).

The latter had been obliged, on January 18, 2011, to allow the setpoint to the input of the national Assembly with their kirpans (dagger symbolic worn by sikhs, orthodox christians). These two sikhs were there to present a paper in the framework of consultations on the act before establishment of guidelines regarding requests for accommodation in the public service and some institutions.

A few weeks later, the national Assembly adopted a motion unanimous, in which it supported “unreservedly” the decision taken by the security officials, according to a regulation that prohibits any weapon in the speaker of the national Assembly.

The WSOC was disappointed by the decision of the Court of appeal, but not surprised. “In Canada, the Quebec national Assembly and the prisons are the only places where the kirpan is completely prohibited. It is unfortunate that the issue of the kirpan has been so politicized in Quebec. It is not a matter of human rights and security, but of political identity”, sorry Mr Singh in a press release issued Tuesday.

His organization is currently considering the possibility to challenge the judgment before the supreme Court of Canada.

The plaintiffs wanted the court finds that the motion was unconstitutional and that any person who had to wear a kirpan for religious reasons, could wear it on the inside of the Québec national Assembly, “that he is a member, employee or visitor”.

They felt, inter alia, that the motion of the national Assembly was not a parliamentary privilege, and they desired that the resolution be declared to be non-binding and not having force of law.

The national Assembly argued that the courts could not review the acts which fell under parliamentary privilege constitutional, that is, to expel the foreigners and that of the freedom of speech.