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Understanding the Bhinder Decision: A legal perspective

Submitted by WSO Editor on Wed, 22/05/2013 - 10:00

By Balpreet Singh (Legal Counsel, WSO)

Punjabi Version follows English

Recently, I have received several inquiries about the Bhinder case that was decided by the Supreme Court of Canada in 1985. Apparently, some individuals have suggested to the Punjabi media that S. Karnail Singh Bhinder had in fact “won” the case but that neither he nor the community had known of this before.  Further it has also been suggested that since 1985 the Bhinder case has been used against the community in turban cases even though the Supreme Court of Canada had “allowed” the turban in place of the hard hat.  This information is incorrect.

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Ottawa Citizen Q- Why Should We Forgive?

Submitted by WSO Editor on Thu, 09/05/2013 - 09:58

A recent Ottawa Citizen "Ask the Religion Experts" question was, "How can someone forgive when the injury is insurmountable? Why should we forgive?" 


 WSO's Balpreet Singh's answer from a Sikh perspective is below.  For the replies from the other Experts, please see here. 

 

Forgiveness is as much for the person that has been wronged as for the person being forgiven. The reason why we must forgive is because the alternative is to live in anger and resentment.

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Sajjan Kumar Verdict a Part of the Ongoing Victimization of 1984 Survivors: WSO

Ottawa (April 30, 2013):  The World Sikh Organization of Canada expresses its disappointment with the not-guilty verdict pronounced by a Delhi court in the case of Sajjan Kumar, a senior Congress leader and former MP who was accused of orchestrating the massacre of Sikhs in November 1984.

On Tuesday, Delhi District and Sessions Judge JR Aryan acquitted Kumar while convicting three others of murder - Balwan Khokkar, an ex-councillor, Girdhari Lal and Captain Bhagmal.  Mahender Yadav, an ex-MLA and Kishan Khokkar were convicted  by the court of “rioting”.

The decision comes 29 years after genocidal killing of Sikhs across India, following the assassination of then Prime Minister Indira Gandhi.

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WSO Helps Resolve Edmonton Airport Turban Complaint

Ottawa (April 25, 2013):  The World Sikh Organization of Canada has assisted in the resolution of a complaint involving the improper removal and search of a turban at the Edmonton International Airport last month. 

On March 5, 2013 Permvir Singh Chohan was passing through security and although the metal detector did not activate, he was asked to remove his patka (small turban).  Although Permvir pointed out that the alarm had not gone off, he was told that all headgear must be removed if it is not for religious purposes.  Permvir explained that he wears his patka for religious purposes but was told it would still have to be removed regardless. 

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Ottawa Citizen Q- How Do You Define Religion?

Submitted by WSO Editor on Tue, 23/04/2013 - 11:05

A recent Ottawa Citizen "Ask the Religion Experts" question was, "how do you define religion?"

WSO's Balpreet Singh's answer from a Sikh perspective is below.  For the replies from the other Experts, please see here .

How we define religion depends on whether we are taking a legal approach or a spiritual one.

Defining religion legally is important, because freedom of religion is a constitutional right in the Canadian Charter of Rights. In order to understand the scope of that protection, it’s important to understand what religion is in the first place.

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WSO Receives Bhullar Update from German Ambassador

Submitted by WSO Editor on Mon, 22/04/2013 - 12:39

German President Joachim GauckGerman President Joachim GauckAfter sending an urgent appeal to the Canadian, German and Indian governments last week to save Prof. Davinderpal Singh Bhullar's life, WSO has received a reply from German Ambassador Werner Wnendt in which he has stated, "[o]n April 12, 2013, the same day the Supreme Court of India has refused to relief Prof. Bhullar from the death penalty, the Federal President, Joachim Gauck, has talked to Prime Minister Manmohan Singh in order to plead his case. Germany will continue to talk to India on the highest level about this case."

Ambassador Wnendt's full reply is below.  WSO will continue to raise the issue of Prof. Bhullar's imminent execution and will continue to speak out strongly against the death penalty wherever it exists. 

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WSO Issues Urgent Correspondence Calling for Halt to Bhullar Execution

Prof. BhullarProf. BhullarOttawa (April 19, 2013):  The World Sikh Organization of Canada has sent urgent correspondence to Canadian Foreign Minister John Baird, German Ambassador to Canada, Werner Wnendt and Indian Prime Minister Manmohan Singh regarding the case of Prof. Davinderpal Singh Bhullar, calling for their intervention to halt his imminent execution.   

The Supreme Court of India recently rejected Prof. Bhullar’s commutation plea.

Prof. Bhullar is an Indian national who applied for asylum in Germany in 1994 but was deported back to India where he was sentenced to death in 2001.  The German courts have recognized that his deportation was due to procedural errors and was in violation of the European Convention on Human Rights.

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WSO Disappointed by Quebec Soccer Federation's Refusal to Allow Turban

version française suit ci-dessous

Ottawa (April 17, 2013):  The World Sikh Organization of Canada is disappointed by the refusal of the Quebec Soccer Federation (QSF) to adopt a direction from the Canadian Soccer Association (CSA) to allow Sikh players to wear turbans. 

Late last week, in light of the decision of the International Football Association Board (IFAB) to allow headscarves for players, the CSA confirmed that “referees may, until further notice, extend this ruling to the wearing of turbans/patkas/keski.”

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WSO Hails Canadian Soccer Association Turban Directive

version française suit ci-dessous

Ottawa (April 15, 2013):  The World Sikh Organization of Canada welcomes a directive by the Canadian Soccer Association to soccer associations and referees across the country that Sikh players who wear the turban can be accommodated on the soccer pitch. 

CSA General Secretary Peter Montopoli, has advised the WSO that in light of the decision of the International Football Association Board (IFAB) to allow headscarves for players, and in response to inquiries by referees, the CSA Board of Directors has confirmed that “referees may, until further notice, extend this ruling to the wearing of turbans/patkas/keski.”

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WSO Welcomes Passing of Khalra Resolution at NDP Convention

S. Jaswant Singh KhalraS. Jaswant Singh KhalraOttawa (April 15, 2013):  The World Sikh Organization of Canada welcomes the passing of a resolution recognizing Jaswant Singh Khalra as an “important defender of human rights” at the NDP National Convention in Montreal yesterday.  

 On September 6, 1995, Jaswant Singh Khalra was abducted from his home by the Punjab Police after his research uncovered the illegal murder and cremation of thousands of young men by Indian security forces.  Khalra had visited Canada in the summer of 1995 at the invitation of the WSO to make his findings public, and returned to India, knowing the danger he faced.  Witnesses have testified that Khalra was held in illegal custody for 48 days and faced abuse and torture before being extra-judicially murdered. 

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