Singh Bhinder v. Canada

Comm. No. 208/1986, U.N. Doc. CCPR/C/37/D/208/1986 (1989)

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Singh Bhinder v. Canada

Human Rights Committee
Comm. No. 208/1986, U.N. Doc. CCPR/C/37/D/208/1986 (1989)

Facts

Karnel Singh Bhinder (plaintiff) was a Sikh who was born in India and became a citizen of Canada (defendant). Bhinder worked at the Canadian National Railway Company (the company) in a coach yard in Toronto at night. The company was a Crown Corporation answerable to the Canadian Parliament. Bhinder was employed as a maintenance electrician, and his job involved inspecting the undercarriages of trains and performing maintenance, such as working on train engines. The Toronto coach yard had 487 employees, and 52 employees were electricians. Because 20 employees had suffered head injuries in a five-year period, the company implemented a new rule designating the Toronto coach yard where Bhinder worked as a hard-hat area. This meant that all employees were required to wear protective headgear for safety. However, this rule presented a problem for Bhinder. A key tenet of the Sikh faith required Bhinder to wear only a turban on his head. Canada’s labor code provided that employers were not permitted to allow and employees were not allowed to work on electrical facilities with a certain amount of voltage without insulated clothing and other protective gear. The labor code also forbade employers from permitting employees to work and employees from working with electricity where hard hats were required if the employee was not wearing a hard hat. Bhinder refused to wear a hard hat and rejected the opportunity to transfer to some other position. Bhinder was fired. Bhinder authored a communication alleging a violation of Article 18 of the International Covenant on Civil and Political Rights (the covenant). Canada argued that Bhinder was not fired due to his religion but due to his refusal to wear safety gear. Canada asserted that the subject legislation—which was neutral, not targeting any religion and applicable to all persons working with electricity—did not violate Article 18. The Human Rights Committee considered both Article 18, which protected freedom of religion, and Article 26, which prohibited discrimination, because Bhinder alleged that the legislation discriminated against adherents of the Sikh faith.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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