BRAMPTON, Ont.
Forcing a devout, motorcycle-riding Sikh to choose between his turban and a helmet is denying him the right to religious freedom, human rights lawyers argued yesterday as Baljinder Badesha's fight against a $110 fine took on the character of a constitutional challenge.

Obliged to wear turbans outside the home, devout Sikhs who want to ride motorcycles are effectively forbidden from a "normal social activity available to all other Ontarians," Owen Rees, a lawyer with the Ontario Human Rights Commission, told the court.

The helmet requirement under the province's Highway Traffic Act "discriminates" against Badesha because it violates his constitutional rights, Rees added.

Similar challenges have seen exemptions made for Sikh motorcyclists in British Columbia and Manitoba. The United Kingdom, Hong Kong and India also allow devout Sikhs to forego the helmet.

"My religion says we cannot put anything over our turban," Badesha said outside court. "I like to ride motorcycles, so that's why we're fighting the case."

While government lawyers said they did not contest Badesha's religious beliefs, they remained unswayed by the argument that denying non-helmeted riders access to motorcycles violates the Constitution.

"There is no suggestion that riding a motorcycle is a protected religious belief," Crown lawyer Michael Dunn told the hearing.

"Riding a motorcycle, that is significantly different than the interests that have been found to be violated ... in other cases."

Scott Hutchison, who also represents the commission, argued the seatbelt law makes exemptions for disabled people who cannot wear them but still need to drive.

Ontario Court Justice James Blacklock countered with the distinction that devout Sikhs "could still operate a motor vehicle on the road -- it just wouldn't be a motorcycle."

The Crown also argued that helmet laws protect against devastating head injuries and save the public health care system millions of dollars.

Motorcycle accidents can cost the public purse up to $2.4 million, while fatal crashes can eat up almost $20 million, according to Crown documents filed with the court.

The defence pointed out that those numbers, while they may appear large, represent only a fraction of Ontario's $38-billion annual budget for health care.

Devout Sikhs comprise 0.2 per cent of Ontario's population.

If all devout Sikhs in the province chose to ride motorcycles without wearing helmets, 99.8 per cent of all motorcyclists would still be wearing them, said Hutchison. The impact on the health-care system would be minimal, he added.