Toronto
has become the first city in Canada to develop a formal policy allowing
Sikhs to bring their ceremonial daggers into its courthouses.
The kirpan, which is a stylized representation of a sword,
will be allowed in public areas of Toronto courthouses subject to certain
conditions.
For instance, the court officer must be informed the person
is a Khalsa Sikh, which is an initiated Sikh, and that they are carrying a
kirpan.
The kirpan, which has an exaggerated curve at the end, must
also pass the metal detector. The kirpan has a tip and can have a sharp end
much like a pen or pencil.
The total length of the kirpan, including sheath, may not
exceed 7.5 inches with a blade of not more than 4 inches. In addition, the
kirpan must be worn under clothing and not be easily accessible.
The kirpan is often described as a dagger, which it
resembles, but Sikhs say that description is misleading. It is an important
article of faith, representing spiritual wisdom and the duty to stand
against injustice.
“The risk of the kirpan being used as a weapon has been
virtually eliminated,” Balpreet Singh, legal counsel for the World Sikh
Organization of Canada, told the Star.
The religious ideology of the Sikhs spells out that the
kirpan should not be used as a weapon, and it is retained in a fabric belt
worn under clothing, Singh said.
The World Sikh Organization of Canada worked on developing
the policy with the Ontario Human Rights Commission, Toronto Police, the
Toronto Police Services Board and the Ministry of the Attorney General.
The policy was developed as a settlement of two separate
human rights cases.
The first one involved a Sikh who was to attend a mandatory
class trip to the victim/witness assistance program at the Old City Hall
courthouse. That student was denied entry because she would not remove her
kirpan.
The second instance involved a Sikh man who was summoned for
jury duty at the University Ave. courthouse and was allowed to enter with
his kirpan in the morning, but denied re-entry after the lunch break.
The Attorney General’s office will work with Toronto police
to identify the best way to have security screenings at each Toronto
courthouse.
“This is a step in the right direction, combining respect for
a person’s religious observances with accommodation principles and Code
obligations,” chief commissioner Barbara Hall said in a news release.
Toronto police Deputy Chief Jeff McGuire said in statement
that the procedure “recognizes the needs and rights of the Sikh community
and the obligation to provide a safe, secure and accessible courthouse
environment.”
WSO legal counsel Balpreet Singh said the policy was
developed for Toronto courthouses, but Singh said he hopes to work with
other police services in Canada to bring about a similar policy.
Local police services are responsible for court security in
Ontario.
“This is a good first step to ensure the kirpan is
accommodated in other courtrooms as well,” Singh told the Star. “We’re going
to have to move forward to make sure this accommodation policy can be
introduced in courtrooms York Region and Peel Region.”
Although there are courthouses in other cities that allow the
kirpan, Toronto is the first city to have a formal policy with respect to
the kirpan.
While the Supreme Court of Canada allows kirpans, there’s no
formal policy.
Toronto police spokesman Mark Pugash said police has a long
history of working with the Human Rights Commission.
“This is the latest result of our work,” Pugash said. “It’s
an accommodation that respects the traditions of diverse communities, while
at the same time ensures public safety in courthouses is protected.”
This policy has been communicated to all court offices in
Toronto and there is ongoing training, Pugash added.