Provincial government exempted Sikhs from wearing helmets when driving motorcycles

The turban is a characteristic of conservative Sikhs which has attracted the most public attention. It is the hallmark of their religion and gives them a distinct public identity. As per their religious beliefs, a baptized Sikh is not allowed to wear a cap, hat, or helmet of European style.

Due to a lack of understanding of the Sikh religion and more specifically the Sikh turban, there were certain laws and regulations in place in the Province of British Columbia that prohibited practicing members of the Sikh community from participating in activities. This contravened the rights and freedoms allowed by the Canadian Charter of Rights to all Canadians. One of those practices was the ability to ride a motorcycle. Laws in many provinces in Canada (including British Columbia) required that a helmet was mandatory for a rider which was not practical for a turban wearing member of the Sikh community. Therefore, members of the Sikh community who wear turbans were not able to ride a motorcycle.

It was Mr. Avtar Singh Dhillon who took it upon himself to raise awareness of the Sikh beliefs and the importance of the Sikh turban. Soon after getting his first job in 1971, it was for the first time that Mr. Dhillon was forced to stand up to defend his right to wear a turban when his employer required that he remove his turban and wear a hard hat on job. It took almost 30 years of struggle on Mr. Dhillon's part to maintain the sanctity of the turban and ensure the Sikhs continue to have the right to wear the turban.

Read full story of Mr. Dhillon's struggle against law at http://www.voiceonline.com/one-mans-struggle-for-right-to-wear-turban/

It was on May 11, 1999 that Frances Gordon, Member of the British Columbia Human Rights Tribunal, announced that Mr. Avtar Singh Dhillon has been discriminated, because of religion, by The Ministry of Transportation and Highways, and Motor Vehicle Branch. This discrimination is contrary to Section 8 of the Human Rights Code. The Chairperson, thus, ordered the Government of British Columbia to amend the motorcycle helmet law to accommodate the Sikhs wearing the turban.

Consequently an amendment was introduced by the Provincial Government, in the provincial legislature to the Motor Vehicle Act #218 which was accepted by the Parliament on July19, 1999. As a result of this amendment, the Motor Vehicle Act and the BC Safe Riding Guide was amended as follows:

“In British Columbia, all riders and their passengers are required to wear approved motorcycle safety helmets. An exception to this requirement is made for people of the Sikh religion with unshorn hair who wear full turbans.”