An Ontario judge has dismissed charges against a Sikh man who was found to be driving with an excessive blood-alcohol level because it took more than three hours for police to return his turban.
Sardul Singh was arrested by Peel Regional Police at about 7:30 p.m. on Dec. 10, 2014, during a roadside spot check. As he was placed into the back of a police car, his turban hit the door frame and fell off.
The turban wasn’t returned to Singh until about 10:50 p.m., by which time he had been booked at the police station and ordered to give a breath sample.
In court, Singh argued that his Charter right to freedom of religion had been violated and that he felt shameful to be seen without his turban.
The Crown conceded there had been a Charter breach but argued there was no “causal connection” between that Charter breach and the obtaining of the breath sample.
But in a decision released this week, Ontario Judge Jill Copeland said the harm done to Singh was significant.
“I accept the defendant’s evidence that it was shameful for him to be without his turban and it made him feel vulnerable,” she wrote.
Copeland suggested that the arresting officer, who had tried to put the turban back on Singh’s head when it fell off, could have temporarily removed the handcuffs to allow Singh to put the turban back on since he had been “co-operative throughout at the roadside.”
In finding Singh not guilty of the charges, Copeland noted that the Peel region is a diverse one and home to a substantial Sikh population.
To admit the breath sample evidence would “bring the administration of justice into disrepute,” she concluded.
Judge dismisses impaired driving charges because it took cops over three hours to return driver’s turban | National Post
Sardul Singh was arrested by Peel Regional Police at about 7:30 p.m. on Dec. 10, 2014, during a roadside spot check. As he was placed into the back of a police car, his turban hit the door frame and fell off.
The turban wasn’t returned to Singh until about 10:50 p.m., by which time he had been booked at the police station and ordered to give a breath sample.
In court, Singh argued that his Charter right to freedom of religion had been violated and that he felt shameful to be seen without his turban.
The Crown conceded there had been a Charter breach but argued there was no “causal connection” between that Charter breach and the obtaining of the breath sample.
But in a decision released this week, Ontario Judge Jill Copeland said the harm done to Singh was significant.
“I accept the defendant’s evidence that it was shameful for him to be without his turban and it made him feel vulnerable,” she wrote.
Copeland suggested that the arresting officer, who had tried to put the turban back on Singh’s head when it fell off, could have temporarily removed the handcuffs to allow Singh to put the turban back on since he had been “co-operative throughout at the roadside.”
In finding Singh not guilty of the charges, Copeland noted that the Peel region is a diverse one and home to a substantial Sikh population.
To admit the breath sample evidence would “bring the administration of justice into disrepute,” she concluded.
Judge dismisses impaired driving charges because it took cops over three hours to return driver’s turban | National Post
