Determining The Balance: Religious Freedom And Access To The Courts

The balance between religious freedom and access to justice is often a difficult one. In an attempt to balance these rights, Alberta Justice has a controversial new policy that permits kirpans to be worn in Alberta Courts.

Kirpans are a ceremonial dagger worn by baptized Sikhs; wearing the kirpan at all times is mandatory according to that faith. According to Alberta Justice's new policy, the kirpan may be worn under the individual's clothing, must be sheathed, less than 10cm long, and must be disclosed upon going through security.

Interestingly, less reported details of the policy also require the individual to self-identify as a Khalsa Sikh (which I understand to be essentially a baptized Sikh) and the individual must have all five "articles of faith". This includes kes (uncut hair), kanga (wooden comb), kara (steel bracelet), kacha (short breeches), and the kirpan. This safeguard demonstrates that the individual is in fact a devout Sikh whose faith requires wearing the kirpan - he or she hasn't simply woken up one day deciding to bring a ceremonial dagger into the Courthouse.

The policy is a reaction to an incident in which a Calgary man was denied entry to the...