A Brampton man is the first to challenge Ontario's motorcycle helmet law saying it unfairly excludes him from a pastime he loves because of his religion.

Baljinder Badesha, 39, is fighting a $110 ticket he was issued by Peel police in the fall of 2005 for riding his 1994 Yamaha motorcycle on Queen Street near Hwy. 10.

Badesha is a devout Sikh and wears a turban at all times outside of his home. He believes it is a tenant of his religion and cannot take it off to put a helmet on.

"We want an exemption for our religion," Badesha said outside the court. "We can't put a helmet on it (turban)."

He has the Ontario Human Rights Commission on his side, and the commission presented arguments in support of Badesha in a Brampton courtroom yesterday and will continue today. The province is expected to respond to the commission's arguments today or at a later date, and a decision on whether or not to acquit Badesha will come some time later from Mr. Justice James Blacklock. [Link]