Multani v Commission scolaire Marguerite‑Bourgeoys
| Multani v Commission scolaire Marguerite‑Bourgeoys | |
|---|---|
| Hearing: Argued April 12, 2005 Judgment: March 2, 2006 | |
| Full case name | Baljit Singh Multani and Balvir Singh Multani, in his capacity as tutor to his minor son Gurbaj Singh Multani v Commission scolaire Marguerite‑Bourgeoys and Attorney General of Quebec |
| Citations | 1 S.C.R. 256, 2006 SCC 6 |
| Prior history | Judgement for the Attorney General in the Court of Appeal for Quebec. |
| Holding | |
| The ban against a non-violent student carrying a kirpan in school is a breach of section 2(a) of the Canadian Charter of Rights | |
| Court membership | |
| Chief Justice: Beverley McLachlin Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron | |
| Reasons given | |
| Majority | Charron J., joined by McLachlin, Bastarache, Binnie and Fish JJ. |
| Concurrence | Deschamps and Abella JJ. |
| Concurrence | LeBel J. |
Multani v Commission scolaire Marguerite‑Bourgeoys, [2006] 1 S.C.R. 256, 2006 SCC 6 is a decision by the Supreme Court of Canada in which the Court struck down an order of a Quebec school authority, that prohibited a Sikh child from wearing a kirpan to school, as a violation of freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms. This order could not be saved under section 1 of the Charter.
The case involved a 13-year-old Sikh named Gurbaj Singh, who in November 2001 dropped a metal kirpan at his school, École Sainte Catherine Labouré. This prompted the school board to request certain limits on the wearing of the kirpan, including that it be covered at all times. The Sikh family accepted this request. However, another board, in February 2002, overrode the school board, deciding that the kirpan was a weapon and thus was not allowed under the code of conduct. The council of commissioners agreed with the latter decision, although they suggested a non-metal kirpan could be used. The Quebec Court of Appeal found in favour of the council of commissioners.