ST.ALBERT: A St. Albert youth will be allowed to ‘wear a ceremonial Sikh dagger to school next week without fear of being expelled, a judge ruled.
‘Court of Queen’s Bench Justice AH, Wachowich granted Suneet Singh Tuli a temporary order restraining the St, Albert Protestant Separate School District No. 6 from taking action against the Grade 12 student until the issue is settled in a pending law suit.
Tuli an honor student at Paul Kane High School in St. Albert is Sting, the board of trustees for $25,000, alleging its policy against This wearing the 10inch sword, or Kirpan, to school violated his constitutional rights.
He has also lodged a complaint: With the Alberta Human Rights Commission.
The board claims the kirpan could be used as a weapon to inflict serious injury.
Barrie Chivers, Tuli’s lawyer argued the 10-inch unsharpened dagger was a symbolic accoutrement of Sikhs. He said his client is to be baptized Sunday, making the ‘wearing of a kirpan mandatory.
A member of the Khalsa who doesn’t wear his span is considered a fallen Sikh Chivers said.
Judith Anderson, representing the school board, said the policy against all weapons was meant to protect students.
We’re dealing with hundreds of other children and we’d have no control if such a weapon were brought to school”.
She said the school board offered to enroll the 17yearold student in correspondence courses and provide tutors for the three subjects he is studying to earn his high school diploma,
Anderson suggested another alternative was for Tuli to delay his baptism for two months until gradation.
‘Wachowich agreed with Chivers that expulsion from school could be detrimental to Tuli religious standing and his future scholarship prospects.
But by allowing him to wear the sword, the judge said students ‘would be given an opportunity to ‘understand the tradition and heritage of the Sikh religion.
“In my view it’s a positive educational tool that would far ‘outweigh the potential danger, so Jong as it’s recognized as a privilege and not a right”,
The judge granted the injunction on condition the kirpan is tied down and can’t be removed from its sheath, and the tip blunted.
Reluctant to be interviewed after his victory, Tuli would only say he was pleased.
School superintendent Lawrence Beaudry’s reaction was, “I ‘guess we’ll have to live with it”.
He said the conditions outlined by Wachowich would ensure “a reasonable degree of safety” for the time being.
“We naturally didn’t want to interrupt the education of the child if we could avoid it, but the safety ‘of students will continue to be our ‘prime concern”.
Article extracted from this publication >> November 28, 1986