SHARIA IN ONTARIO, CANADA:

Background of the debate;
Government report

Sponsored link.

About family disruptions and religious tribunals:

For decades, numerous Hollywood movies have promoted an adversarial solution for marital separation divorce, and other family matters. They show a woman packing her bag, leaving the home in a huff, and announcing that she is going to an appointment with her divorce lawyer. In recent years, separation and divorce mediation has become a common practice for marital problems. Many couples find that this approach is cheaper, quicker, and less painful. It often produces an agreement that both find more acceptable. A third option is to pursue arbitration through a religious tribunal that is, in Ontario, Canada organized under the Arbitration Act of 1991. Like mediation, arbitration is only applicable if both or all parties agree to it in advance. Couples may find this route more acceptable because the ruling would match their religious traditions. The ruling by the arbitrator is usually binding. An appeal may be made to the secular court system. However, there are limited grounds whereby the decision of the arbitrator can be overturned.

Human rights aspects:

The Charter of Rights and Freedoms, Canada's Constitution, guarantees religious freedom to all citizens and residents. This includes both freedom of belief and practice. However, the Charter also contains a section that prohibits discrimination on the basis of sex, sexual orientation, race and other factors. These two requirements often result in a conflict between religious freedom and human rights. For example:

During 2004, considerable concern was being expressed by the public and in the media about the use of Muslim personal law, generally called sharia, in arbitration processes in Ontario. This was triggered by a plan by the Islamic Institute of Civil Justice to establish a "Sharia Court" in Ontario. There was a perception by part of the public that tribunals would discriminate against women, in spite of the guarantees of equal treatment given to men and women under the Charter.

The "Dispute Resolution in Family Law" report:

"On June 25, 2004, the Attorney General, the Honorable Michael Bryant, and the Minister Responsible for Women’s Issues, the Honorable Sandra Pupatello asked Marion Boyd to conduct a review of the use of arbitration in family and inheritances cases and to examine the impact that the use of arbitration has on vulnerable people, including women, persons with disabilities and elderly persons." ₁ Marion Boyd was a former Attorney General and a former Minister Responsible for Women's Issues in a New Democratic Party (NDP) government.

Boyd issued her report on 2005-JAN-17. It is titled: "Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion." ₂ The Executive Summary of the report mentions:

Ms. Boyd's report listed 46 recommendations. Some are:

References used:

1. Marion Boyd, "Executive Summary: Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion," Ministry of the Attorney General, at: http://www.attorneygeneral.jus.gov.on.ca/ **  This is a PDF file. You
2. Marion Boyd, "Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion," Ministry of the Attorney General, at: http://www.attorneygeneral.jus.gov.on.ca/ **

** These are PDF files. You may require software to read them. Software can be obtained free from: 

Copyright © 2005 by Ontario Consultants on Religious Tolerance
Originally posted: 2005-SEP-18
Latest update: 2005-SEP-19
Author: B.A. Robinson