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Kirpan case unsheathed

ANN CARROLL
Montreal Gazette Thursday, May 16, 2002

If terrorists with boxcutters had commandeered schools, not planes on Sept. 11, the kirpan ban at Ste. Catherine Labouré School in LaSalle might stand a better chance.

Sikhs have grudgingly accepted rules that prohibit carrying kirpans - ceremonial daggers worn by baptized Sikhs - when boarding a plane. But they have won successive battles over the right to wear kirpans in classrooms, workplaces, recreation centres and, in some cases, courtrooms.

That means Ste. Catherine Labouré faces an uphill battle in Superior Court today when the family of student Gurbaj Singh, 12, argues his right, on religious grounds, to wear his kirpan to school.

Yet safety, not religious freedom, is the issue that troubles parents.

"Since Sept. 11 and the World Trade Centre, we realize that we aren't beyond the reach of such acts," said Sylvie Blais, a member of the school's governing board of parents and staff. "We must banish violence from our schools.

"For me, the kirpan represents violence because it's a knife."

The Quebec Federation of Parents Committees supports the ban on kirpans and other weapon-like objects.

"We agree with religious freedom and respect for fundamental rights as long as the respect for an individual's freedom doesn't infringe on the rights of society," federation president Gary Stronach said in a statement.

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Gurbaj Singh's problems began last November when his kirpan, until then undetected, fell to the ground in the schoolyard during play. School authorities barred the boy from returning to school with his kirpan, in keeping with the school's code of conduct.

Alternatives were proposed: he could wear a plastic or rubber kirpan or a medallion (a compromise accepted by some Sikh students at the school).

But the boy and his father, both devout Sikhs, refused the offer.

The family won a temporary court injunction April 16 allowing Gurbaj to return to school with his kirpan, provided it is wrapped in a cloth sheath under his clothing.

The injunction raised the hackles of parents who couldn't grasp how a kirpan could be deemed potentially dangerous one day (by the school) and permissible the next (by the court).

A few youths jeered "Paki" at Gurbaj outside the school, and dozens of parents kept their children home the day the boy returned to class.

One mother, tearful and near hysteria, said she was worried about the impact of the boycott on her two youngsters. "It's not good for them to see me at home like this, crying, but who is better placed to defend my kids?"

Tensions have since eased, and all children are back in class. But their parents, who raised a 3,000-name petition against weapons in school, are still adamantly opposed to the kirpan.

Accused by some of bigotry and ignorance, the parents insist their children's safety is at stake. The danger is not Gurbaj - he is considered a peaceful student - but the symbol he carries close to his body.

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Kiranpal Singh, president of the Sikh temple attended by Gurbaj and his family, said he can sympathize with the parents.

"I don't blame the parents - they don't know (about Sikh beliefs)," said Singh (no relation to Gurbaj), in his office at the Guru Nanak Darbar Gurdwara (temple) in LaSalle. "After Sept. 11, maybe their reaction is normal."

But they have it wrong, he added. The kirpan represents a Sikh's spiritual strength and dedication to righteous living rather than the ability to overpower an opponent.

Violent incidents involving the kirpan are rare in North America, and there are no reports of students in Canada using it as a weapon at school.

Given its potent symbolism for "indomitable spirit," Singh said, the kirpan is not subject to compromise.

Fake kirpans or medallions might satisfy some Sikhs, he said, but their use is "not commendable" and a sign "the person is not well educated in their religion or is not strong enough."

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Wearing a full-fledged kirpan is a sign of religious commitment to Singh; refusal to compromise seems like fanaticism to others.

But Sikh beliefs aren't the issue, says lawyer Julius Grey, who represents Gurbaj and his family. The court challenge is about freedom of religion and the school's ability to accommodate kirpans in the classroom.

"It's well established in Canada that we never look at the reasonableness of belief but at the reasonableness of the accommodation," said Grey, who last year won eruv rights for Orthodox Jews in Outremont.

The eruv ritual involves stringing fishing line between homes on the Sabbath or a Jewish holiday to create a symbolic single dwelling.

"Ninety-nine per cent of Montreal Jews probably don't know what it (eruv) is or need it," Grey noted, but the request was considered reasonable by the court.

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Kiranpal Singh has a short kirpan (10.6-centimetre blade) for going to work at an electronics company in LaSalle, and a longer kirpan (22.8-centimetre blade) to wear to temple. The only time he parts with his kirpan is at the airport.

"We understand about airplanes," the temple president said. "It's a matter of security - they (transport authorities) have no choice."

But checking his kirpan in his luggage during an occasional flight isn't the same as parting with the kirpan at work or school, he said.

"School is part of your daily life - you spend half your time there."

As a father of three girls, Singh said he's more worried about his daughters' exposure at school to smoking, drugs and casual sex than violence.

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The ruling in the Gurbaj court case, the first kirpan-in-schools challenge in Quebec, will have repercussions for Sikh students at other schools.

Guy Blanchard, principal at Cavalier de LaSalle high school, said he is waiting for the judge's ruling to decide whether to allow a handful of baptized Sikh students to wear their kirpans.

"They aren't permitted (now), any more than in any other school in the Marguerite Bourgeoys School Commission," he said.

The issue came to a head at his LaSalle school this year after a Grade 10 student spoke publicly about the fact she wore her kirpan to school.

The girl, described by Blanchard as "a very good student," subsequently met with school authorities and agreed to leave the kirpan at home, pending the outcome of this week's court case.

Blanchard said that about 100 of the school's 1,650 students are Sikhs. A handful might be carrying kirpans, but the school is not aware of it. "We don't search them, any more than any other student," Blanchard said.

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Sikh-rights advocates thought the issue of kirpans in schools had been settled a decade ago in the Ontario Court of Appeal.

The Peel District School Board had asked leave to appeal an order by the Board of Inquiry of the Ontario Human Rights Commission to give students and teachers the right to carry reasonably sized kirpans under their clothing.

The Appeals Court rejected the school-board request in 1991, noting that the board failed to provide "any concrete evidence of safety risk" from kirpans in school.

That decision has opened the door for kirpan acceptance in schools across the country, says Anne Lowthian, executive director of the Ottawa-based World Sikh Organization.

"Kirpans don't pose a threat," she said, noting that Sikhs are prohibited from using a kirpan to attack anyone. "It's a perceived threat, not a real one."

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Many school boards in Canada have tried to accommodate kirpan-wearers rather than take the matter to court.

"I would go to almost any lengths to avoid that (court) outcome," said Mark Proctor, principal at Walter Moberly Elementary School in Vancouver. "It stirs up emotions in the community and gives undue notoriety to the child.

"It's very sad - I feel sorry for the family and the school."

Almost two-thirds of the 840 students at his south Vancouver school are Sikhs, but none has chosen to wear a standard sheathed kirpan.

"The kinds of things that seem to work in this community are symbolic," Proctor said, noting that some Sikh students wear miniature kirpans on a chain at the neck or ankle.

In neighbouring Surrey School District, students are permitted to wear kirpans in the classroom, said spokesman Muriel Wilson. The board of 60,000 students has some schools with almost 80 per cent Sikh enrolment.

"We have a strict zero-tolerance policy on weapons or something that could be used as a weapon or taken to be a weapon, like a fake gun."

But kirpans are considered religious symbols, not weapons, she said.

"The key is how things are used. A pen could be used as a weapon, but we're not saying, 'No pens in school.' "

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Marguerite Bourgeoys School Board defers to individual schools and their governing boards on issues of safety and student conduct, said Jean-Marc Crête, chairman of the board.

"There is no school-board policy on weapons or kirpans," he said, adding that article 76 of the Quebec Education Act gives school principals and governing boards responsibility for such matters. "It's out of our jurisdiction."

The board did vote in March to support the school's decision to prohibit Singh from coming to school with his kirpan.

Board members felt that the kirpan issue had been handled "correctly and in their (school's) right," Crête said.

"It's a question of jurisdiction, and the responsibility of different schools to assure the safety of students."

Asked whether it is possible that other Sikh students are wearing kirpans under their clothing, Crête said: "More than likely. But we're not going on a witch-hunt, or strip-search students."

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Peel District School Board staff are baffled by the flurry of calls they have received about their landmark case.

"It's truly not an issue," board spokesman Brian Woodland said, noting that Sikh students are now permitted to carry kirpans of up to 17.8 centimetres in length (hilt, blade and sheath included).

Woodland said there "has never been an issue or incident, never a complaint or problem" with kirpans since the ban was lifted a decade ago.

"It can work and work really well."

- Ann Carroll's E-mail address is acarroll@thegazette.southam.ca.

Dagger plays key role in tenets of Sikhism

Sikhism evolved in India about 500 years ago as both an earthly and spiritual movement to fight off invaders, undo the prevailing caste system, give women equal rights to men, and promote belief in one god and a moral code of conduct.

The Sikh religion was founded by Guru (teacher) Nanak, who was born in 1469.

But it was Guru Gobind Singh - the 10th and last guru - who established in 1699 the Sikh baptism ceremony and the symbols that are still observed today.

Both men and women can be baptized; there is no age restriction, other than being able to understand the commitment.

The baptized Sikh agrees to pray every morning and evening, to forego alcohol, tobacco and adultery and to observe the five Ks: kesh (uncut hair), kanga (comb), kara (bracelet), kachha (undergarment) and kirpan (dagger).

The five Ks have spiritual meaning for believers: uncut hair is considered a mark of holiness and simplicity; the wooden comb symbolizes cleanliness; the plain undergarment represents chastity; the steel bracelet is a symbol of dedication; the sheathed kirpan stands for justice and inner strength.

While the kirpan recalls the Sikhs' armed struggle against invaders and persecution, it remains primarily a symbol of spiritual strength, said Kiranpal Singh of the Guru Nanak Darbar Gurdwara (temple) in LaSalle.

Kirpans are usually made of iron or steel, have a blade of at least 10 centimetres in length, and cannot be removed or used to assault anyone.

Wearing the kirpan is a lifelong commitment that baptized Sikhs take seriously, Singh said, and misuse must be atoned through prayer and good works.

There are about 23 million Sikhs worldwide, but only a minority - less than a third - are baptized.

Ann Carroll