Multani v. Commission Scolaire Marguerite-Bourgeoys

Gurbaj Singh Multani (Singh) (plaintiff) was a Sikh student attending Commission Scolaire Marguerite‑Bourgeoys (CSMB) (defendant), a public school located in Quebec, Canada. Singh did not have behavioral problems, and his school record demonstrated that he had never resorted to violence at school. In November 2001, Singh dropped his kirpan, a metal religious object resembling a dagger, while in the school yard. In December 2001, the school’s legal counsel sent Singh’s parents a letter authorizing Singh to wear his kirpan under certain conditions. While Singh and his parents agreed to the conditions, the school’s governing board refused to authorize the agreement. The school board determined that wearing the kirpan violated the school’s code of conduct, which prohibited students from carrying weapons and dangerous items. Singh refused to attend school without his kirpan and later transferred from CSMB to a private school. Singh and his parents challenged the decision of the CSMB board in court, arguing that the board’s decision violated Singh’s right to religious freedom. The Quebec Court of Appeal sided with CSMB, and Singh appealed to the Canada Supreme Court. On appeal, Singh pointed to affidavits filed explaining that Sikhism required the kirpan to be always worn and that Sikhism was a pacifist, tolerant religion. Singh also argued that his decision to wear a metal kirpan rather than a symbolic kirpan made of another material was based on a reasonable, religiously motivated belief. Evidence suggested that there had never been a violent incident related to a kirpan in a Canadian school. CSMB argued that the kirpan was a weapon designed to kill, intimidate, or threaten others. CSMB argued that the kirpan was a symbol of violence and that its presence could imply that violence was a way to assert rights and resolve conflicts.