Canada Supreme Court Strikes Down Ban On Kirpans In Schools

The Canadian Press reports that yesterday the Supreme Court of Canada held that a Montreal school board violated the Canadian Charter of Rights and Freedoms, Sec. 2.a., when it imposed a blanket ban on students' wearing of Sikh ceremonial daggers (kirpans). However, the court appears to have left open the possibility of reasonable safety restrictions, such as limits on the size of the kirpan or a requirement that it be kept sheathed. The case is Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6 (March 2, 2006). While all 8 justices agreed that the ban was improper, 3 justices preferred to use an administrative law, rather than a constitutional, approach to the issue. Justice Charron's constitutional law opinion for 5 justices said: "A total prohibition against wearing a kirpan to school undermines the value of this religious symbol and sends students the message that some religious practices do not merit the same protection as others."The Montreal Gazette reported additional background. [Thanks to Derek L. Gaubatz for information.]