Quebec's top court upholds kirpan ban at provincial legislature

A  unanimous motion adopted in February 2011 stating that security personnel had the right to refuse entry to anyone with kirpan --  a small ceremonial dagger that Sikhs are supposed to wear at all times -- was challenged by two members of the World Sikh Organization of Canada.

In Jan. 2011 Balpreet Singh and Harminder Kaur had  to go into a legislature hearing to submit a brief.

Bu their entry was banned by the security personnel because they refused part with their kirpans.

Initially they argued the motion was unconstitutional but later agreed that the motion was legal but non-binding.

But on Monday Patrick Healy, Quebec Court of Appeal Justice rejected their arguments saying national assembly had the right to establish its own rules in accordance with parliamentary privilege.

Healy said the legislature had the authoriy to "exclude kirpans from its precincts as an assertion of parliamentary privilege over the exclusion of strangers.''

"The Supreme Court confirmed that these general principles formed part of Canadian constitutional law and held specifically that the privilege to exclude strangers is entrenched in the Canadian Constitution,'' Healy was reported to write on behalf of a three-member panel.

"I make no comment whether the assembly's exercise of the privilege to exclude the kirpan is a wise decision.

"I say only that it is a legal exercise of this category of privilege. If the appellants wish to challenge it, the proper forum is the assembly itself...an appeal is certainly one of our options and we’re considering it very seriously.”

(Reporting by Asha Bajaj , Image: Kirpan/Wikipedia)