A request by three Sikh truck drivers who claimed that wearing safety helmets while working at the Port of Montreal conflicts with the religious freedoms associated with their turbans, was rejected by The Quebec Court of Appeal.
The drivers sought to be exempted from a company policy, in 2016, making it obligatory for them to wear helmets while on the job. In court, the drivers challenged their employers — Montreal Gateway Terminals Partnership, Empire Stevedoring Co. Ltd. and Termont Terminals Inc. — for restricting access to the work site to those not wearing safety helmets.
Lawyers representing the three companies argued the policy was put in place after the Criminal Code introduced a section in 2004 that requires companies to implement measures to protect their employees from suffering work injuries.
The lawyers also emphasized that, as per the policy, the drivers are allowed to wear their religious headgear in the car. Technically, the policy only applies during the time the drivers must exit their vehicles to deliver and receive containers at the work site.
In a verdict rendered September, 2016, Quebec Superior Court Judge André Prévost rejected the drivers’ request, saying that, under federal law, employers have an obligation to ensure the health and safety of their workers.
While the judge admitted the policy does affect the drivers’ ability to exercise their religion, he concluded the tangible work risks at the site provided a valid justification for these restrictions.
The drivers’ appeal alleged Prévost erred by refusing to apply the Canadian Charter of Rights and Freedoms to their case. The drivers argued the Charter does apply to the company’s policy, and the judge was wrong in saying that it did not.
In the 11-page decision released on Thursday September 12, 2019, the appeal court rejected these grounds, saying “the judge committed no error when he concluded that the litigation only concerns private company policy.” As the Charter does not apply to the inner workings of private businesses, the court determined “the verdict was not unreasonable.”
The court also highlighted that, to perform their duties, the drivers are only required to step out of their vehicles for five to 10 minutes, and that they are still permitted to wear their turbans under their safety helmets.
