Troy Fandrick is challenging a law that says he has to wear a helmet while riding his motorcycle while turban-wearing Sikhs have an exemption. (CHAT News File Photo)

By Brian Konrad

Government asked court to dismiss legal challenge

Charter challenge to motorcycle helmet law heard in court; ruling expected in September

Apr 28, 2022 | 11:55 AM

MEDICINE HAT, AB — A Medicine Hat man who feels it’s unfair that he has to wear a motorcycle helmet, while turban-wearing Sikhs have an exemption will have to wait until September to learn if the court agrees.

Troy Fandrick was ticketed four times for not wearing a helmet while riding his motorcycle in 2018.

He says that wouldn’t have happened if he had changed his faith and that amounts to coercion, something that violates the Charter of Rights and Freedoms.

While the provincial government wanted the constitutional challenge dismissed, the justice ruled otherwise.

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“The justice has decided that my arguments pose interesting questions on principles that are fundamental to a rule of law country and certain rights and freedoms that are guaranteed under the Charter,” says Fandrick.

The justice will take several months to consider those arguments before returning to court on Sept. 9 with a ruling.

But that won’t be the end of the process, with possible appeals that could take 10 years and eventually wind up before the Supreme Court of Canada.

Fandrick says he felt an obligation to pursue the matter and to stand up for something he believes is unfair.

by Brian Konrad

Charter challenge to motorcycle helmet law heard in court; ruling expected in September

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