So, in Section 11
of the Employment Act, it states: «Any requirement to wear a
safety helmet which... would, by virtue
of any statutory provision or rule
of law, be imposed on a Sikh who is on a construction site shall not apply to him at any time when he is wearing a
turban».
The unhelmeted rider alone bears the risk.18 However, in 2008 the Ontario Court
of Justice took the opposite position, stating that the province's need to uphold reasonable
safety standards outweighed the Sikh motorcycle rider's right to wear a
turban.19