Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Appellant Gurbaj Singh is a baptised orthodox Sikh. He sincerely believes that his religion requires him to wear, at all times, a kirpan, which is a small metal dagger that is usually sheathed and slung across the shoulder. In 2001, while attending a school operated by the Respondent Commission scolaire, Gurbaj Singh accidentally dropped his kirpan. In a letter dated 20 December 2001, the Commission scolaire explained that Gurbaj would be allowed to come back to school wearing his kirpan provided certain conditions were met. On February 12, however, the Governing Board of the Respondent (le Conseil de la commission scolaire) held a special meeting and adopted the following resolution:

“the fair arrangement proposed by the Commission scolaire Marguerite-Bourgeoys on December 21st 2001 is unacceptable and it goes against Section 5 of our Rules and Regulations : dangerous and forbidden objects."

The decision was maintained by the Comité de révision on March 19, 2002, which specified that instead of a real kirpan, a symbolic one in the form of a pendant or a model made of some other inoffensive material would be acceptable.

The Appellants then filed a motion for declaratory judgment, asking for a declaration that the accommodation previously agreed to was valid and for a declaration that the decision of the Comité de révision, dated March 19, 2002, was null and inoperative. On May 17, 2002, the Superior Court granted the motion. On March 4, 2004, the Court of Appeal allowed the appeals filed by the Commission scolaire and by the Attorney General of Quebec, and denied the motion for declaratory judgment.