...Summary of the Case: Pandori, a Khalsa Sikh and teacher under the Peel Board of Education was prohibited to wear his religiously significant Kirpan due to a new no-weapons policy in his school district. The Peel Board made this policy in a response to the supposed increasing number of knife incidents and violence in its schools. Pandori took this case to the Ontario Human Rights Commission which set up an inquiry under the Human Rights Code to investigate it. They found that there were little-to-no incidents of a Kirpan being used as a weapon let alone in any Peel school and that other Toronto-area schools were allowing students and faculty to wear them freely. With this, the Board of Inquiry ruled that this policy amounted to religious discrimination. But the Peel School Board argued that the kirpan could be seen as a dangerous weapon by other non-Sikhs and were already prohibited in some courtrooms and airplanes for that exact reason. The Peel School Board then claimed that it is reasonable to impose Kirpans to ensure the safety of the school and that they would not accommodate to the requirements of the Khalsa Sikhs. The Board of Inquiry eventually ruled that the school boards policy discriminated against Khalsa Sikhs and allowed Pandori to continue to wear his Kirpan,...
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...CREED CASE LAW REVIEW May 2012 INTRODUCTION When the Ontario Human Rights Code became law in 1962, creed was one of the original grounds of discrimination. This was likely to deal with the fact that at the time, there was significant overt discrimination against religious minorities. Over time, Canada’s legal and societal approach to creed rights has evolved significantly. However, it continues to be one of, if not the, most complex and controversial area of rights law. Perhaps more than any other ground in human rights codes, creed rights tend to give rise to strong opinions, even among those who may not otherwise have much to say about human rights. Everything from what is creed (and what beliefs and practices are protected under the ground of creed), how creed claims are proven, how creed must be accommodated and what to do where creed bumps up against other rights have led to judicial interpretation and public debate. In Quebec, the provincial government appointed a Commission on Accommodation Practices Related to Cultural Differences 1 in response to public discontent concerning accommodation of, among other things, creed rights. This may be in part because creed is unique in some respects. It encompasses not just innate personal characteristics but also covers associated practices and beliefs. Rights in relation to religion have been recognized as not just equality rights, but also among the “fundamental freedoms” of every Canadian as listed in s. 2 of the Canadian Charter...
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