No exception on safety helmet rules for Sikh workers, Quebec judge rules

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“The risks are not lower because the claimants are Sikh and wear turbans,” he wrote in his decision.

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“The safety obligations of the defendants are not less stringent, either, towards the claimants than towards other workers.” 

In a case dating back to 2006, the men had argued they were victims of religious discrimination after they were no longer allowed to enter the port’s terminals without protective headgear.

The safety measures were put in place in 2005.

Originally an accommodation was put in place allowing the drivers to stay in their trucks while containers were loaded, but that was eventually deemed not commercially viable because it increased the loading time.

A lawyer representing the three men said he was disappointed by the decision but was encouraged that the judge recognized his client’s charter rights had been violated.

Julius Grey said he would meet with his clients next week to decide whether to appeal the decision.

“I personally believe it’s a case that can be very easily and effectively appealed, so I hope that’s what they’ll do,” he said.

The Canadian Press