Multani v. Commission scolaire Marguerite-Bourgeoys (Plain-Language Summary)

Religious and Legal Context

The kirpan is a symbolic knife worn by practicing Sikhs. They consider the kirpan to be a symbol of their faith and their commitment to protecting people in need. At school, however, the kirpan may be seen as dangerous.

In 2001, Gurbaj Singh Multani, a student in Montreal, accidentally dropped his kirpan in the schoolyard. The principal asked him to stop wearing it, but he refused and was expelled from school. This triggered a series of legal proceedings. In 2002, the Superior Court of Québec ruled in his favour, authorizing him to wear his kirpan. However, in 2004, the Court of Appeal of Quebec overturned the decision and banned the kirpan from schools.

In 2006, the Supreme Court of Canada finally decided that the ban infringed on freedom of religion. It allowed Multani to wear his kirpan as long as it was secured: it had to be in a bag sewn into the clothing to reduce the risks. The judges also pointed out that many objects, such as scissors, could be used in a dangerous way, but this did not prevent them from being present in schools.

Impacts of the Case

This victory did not directly impact Gurbaj Singh Multani. By this time, he had already switched to a private school that allowed him to wear the kirpan. However, this decision left its mark on the history of religious minority rights in Canada. In the future, if another person asks to wear the kirpan to school, this must be accepted under certain conditions.

This case had a major impact on Quebec society. It showed that students may practice their religion at school, if it does not endanger the safety of others. But it also raised concerns and debates about the place of religion in society, especially in schools.

Other Cases

Although the kirpan issue seems resolved, other incidents have followed. In 2008, a 13-year-old student was accused of threatening his classmates with his kirpan. But he was found innocent in 2009.

In 2011, the National Assembly of Quebec banned kirpans from its buildings.

In 2017, the Canadian government allowed small kirpans on planes, except on flights to the United States. This decision triggered negative reactions, especially in Quebec.

Opinions and Politics

The Multani case also launched a major debate in Quebec on religious accommodation, i.e. how society should accommodate the needs of religious minorities.

In 2006, a survey revealed that 60% of people in Quebec were against wearing religious symbols in school. Another survey in 2008 showed that 87% of people were opposed to wearing the kirpan to school. Despite these figures, the courts have ruled that popular opinion must not restrict religious freedom.

The Multani case has also influenced politics. It is one of the driving forces behind the debate on reasonable accommodation. In 2007, the Quebec government created the Bouchard-Taylor Commission to study these accommodations. This commission proposed measures to provide better support for the rights of religious minorities. This debate contributed to the creation of the Charter of Quebec Values and Bill 21. These seek to limit the wearing of religious symbols for certain public professions.

The question of the place of religion in schools and society remains a subject of debate in Quebec today.