Share on LinkedInShare on LinkedIn

ARTICLE · 06 MARCH 2013

Determining The Balance: Religious Freedom And Access To The Courts

A discussion on the balance between religious freedom and access to justice in the light of a recent case.

CanadaGovernment, Public Sector

The balance between religious freedom and access to justice is often a difficult one.  In an attempt to balance these rights, Alberta Justice has a controversial new policy that permits kirpans to be worn in Alberta Courts. 

Kirpans are a ceremonial dagger worn by baptized Sikhs; wearing the kirpan at all times is mandatory according to that faith.  According to Alberta Justice's new policy, the kirpan may be worn under the individual's clothing, must be sheathed, less than 10cm long, and must be disclosed upon going through security.  

Interestingly, less reported details of the policy also require the individual to self-identify as a Khalsa Sikh (which I understand to be essentially a baptized Sikh) and the individual must have all five "articles of faith". This includes kes (uncut hair), kanga (wooden comb), kara (steel bracelet), kacha (short breeches), and the kirpan.  This safeguard demonstrates that the individual is in fact a devout Sikh whose faith

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from