Troy Fandrick was unsuccessful in his challenge to the motorcycle helmet law. (CHAT News File Photo)

By Brian Konrad

Fines reduced, but court dismisses constitutional challenge to motorcycle helmet law

Sep 9, 2022 | 12:28 PM

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 has lost his constitutional challenge to the law.

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

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

While Justice Kristin Ailsby felt his challenge was fundamentally correct, it wasn’t enough to dismiss the tickets.

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“She did feel that I acted in good faith, and brought a reasonable argument to the court, and in light of that and due to the nature of the ticket she reduced the fine from $150 per ticket to $1,” says Fandrick.

Fandrick says his case may be over, but others may try again with a new argument.

Failing that, he suggests people who feel the law is not fair and creates a double standard should contact their MLA to express their displeasure.

Fandrick says several people in the courtroom to hear the decision agreed that having two options under the law isn’t fair.