3 men who drove container trucks at Port of Montreal argued rule violated their charter rights
MONTREAL (CP) — A Quebec judge has ruled turban-wearing Sikh truck drivers must wear hard hats in the workplace when safety standards require them.
Three Sikh men who drove container trucks at the Port of Montreal had argued they had a right to wear a turban instead of a helmet based on Quebec and Canadian charter rights protecting freedom of religion.
Originally an accommodation was put in place allowing the drivers to stay in their trucks while containers were loaded, but that was deemed not commercially viable because it increased loading time.
In a ruling released Wednesday, Quebec Superior Court Justice Andre Prevost recognized the rules violate the defendants' rights but ruled that safety should trump religion in this instance.
He ruled the port's rules were justified because they protect workers against head injuries.
``The risks are not lower because the claimants are Sikh and wear turbans,'' he wrote in his decision. "The safety obligations of the defendants are not less stringent, either, towards the claimants than towards other workers.''
The defendants had argued they were victims of religious discrimination after they were no longer allowed to enter the port terminals without protective headgear.
They have 30 days to appeal the decision. The case dates back to 2006.
Three Sikh men who drove container trucks at the Port of Montreal had argued they had a right to wear a turban instead of a helmet based on Quebec and Canadian charter rights protecting freedom of religion.
Originally an accommodation was put in place allowing the drivers to stay in their trucks while containers were loaded, but that was deemed not commercially viable because it increased loading time.
In a ruling released Wednesday, Quebec Superior Court Justice Andre Prevost recognized the rules violate the defendants' rights but ruled that safety should trump religion in this instance.
He ruled the port's rules were justified because they protect workers against head injuries.
``The risks are not lower because the claimants are Sikh and wear turbans,'' he wrote in his decision. "The safety obligations of the defendants are not less stringent, either, towards the claimants than towards other workers.''
The defendants had argued they were victims of religious discrimination after they were no longer allowed to enter the port terminals without protective headgear.
They have 30 days to appeal the decision. The case dates back to 2006.
