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Sharia Law coming to... Toronto?
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Bulsajo



Joined: 16 Jan 2003

PostPosted: Wed Sep 07, 2005 12:58 pm    Post subject: Sharia Law coming to... Toronto? Reply with quote

And the rest of Ontario.
Obviously Dalton McGuinty has been spending a lot of time with Michael Livingstone...

Quote:
Islamic-law plan will respect rights, Premier says
Protest mounts against bid to allow sharia tribunals in family disputes

By KAREN HOWLETT

Wednesday, September 7, 2005

Ontario Premier Dalton McGuinty vows that the rights of women will not be compromised if sharia tribunals get the go-ahead to settle marital disputes for Muslims in the province.

Amid a growing international outcry against allowing such tribunals, Mr. McGuinty said the government will decide "shortly" on whether to permit Islamic law to be used in Ontario family arbitration cases.

"But whatever we do, it will be in keeping with the values of Canadians and Ontarians," he told reporters yesterday.

Mr. McGuinty said the government is still in the process of reviewing a report by former New Democrat Attorney-General Marion Boyd, which concluded that Muslims in Ontario should have the same rights as other religious groups that use faith-based arbitration to settle family disputes. The government has been sitting on her report for nine months.

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"I think they're actively looking for solutions," Ms. Boyd said in an interview yesterday. "I think they have to have the political courage to recognize they're not going to satisfy everybody."

The issue of sharia-based tribunals in Ontario is raising alarm bells among women's groups in Canada and Europe, as well as human-rights activists and dissidents from Islamic states such as Iran. They argue that sharia, even limited to family arbitration, could discriminate against Muslim women who could feel pressured into it against their will.

The controversy will hit closer to home when demonstrators converge on Queen's Park at noon tomorrow as part of planned protest marches in 12 cities in Canada and Europe, including Victoria, Ottawa, Montreal, London, Paris and Stockholm.

The protesters say allowing Islamic law to be used in Ontario would create a precedent for religious fundamentalists working to suppress women's rights, and give fodder to political Islamists in Europe who are also lobbying for sharia law to be used to settle family matters.

However, Ms. Boyd concluded in her report that there was no evidence women were being discriminated against in faith-based arbitration and recommended that the province's existing arbitration system be strengthened.

The government is in a conundrum over the issue, said a senior government source. While government officials think it is only fair to extend religious arbitration to Muslims, he said they are unsure of how to communicate that to the public, especially in the wake of this summer's bomb attacks in London carried out by three British Muslims of Pakistani origin and a Jamaican-born Briton.

"I think people just viscerally react negatively to the idea of there being any Muslim- type law in Ontario or any decision influenced by Muslim law," he said.

New Democrat MPP Peter Kormos accused the McGuinty government of burying its head in the sand. "It's regrettable that the government has simply failed to act in the matter and failed to address concerns that are raised," he said yesterday.

Progressive Conservative Leader John Tory acknowledged that the government is grappling with a difficult issue, one that is hugely emotional for both sides.

"What's paramount in this is that the rights of women can not in any way be diminished," he said.

The government asked Ms. Boyd to study the issue after Syed Mumtaz Ali, a retired Muslim lawyer, established the Islamic Institute for Civil Justice, with an aim to train imams and religious scholars to resolve civil disputes.

Christians and Jews have practised religious arbitration in Ontario since 1991, when the NDP government at the time made it law. If Ontario says no to sharia, then it faces the spectre of ending all religious arbitration, Ms. Boyd said.

"The government is concerned that there is so much controversy and is really looking for a solution that may not cause a great divide," she said. "It's a terrible dilemma for them."
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Wed Sep 07, 2005 3:43 pm    Post subject: Reply with quote

Quote:
Christians and Jews have practised religious arbitration in Ontario since 1991, when the NDP government at the time made it law. If Ontario says no to sharia, then it faces the spectre of ending all religious arbitration, Ms. Boyd said.


That's really the key point. At some point we have to say "people are adults and capable of entering a religion or leaving a religion if they don't agree with the tenets." If they agree with the tenets of said faith, they should be able to settle certain personal matters within the frame work of their faith.

There are a lot of women trapped and abused by Christianity too. We can't help that. The best we can do as a society is providing them help if they want to escape.
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Bulsajo



Joined: 16 Jan 2003

PostPosted: Wed Sep 07, 2005 5:27 pm    Post subject: Reply with quote

double post

Last edited by Bulsajo on Wed Sep 07, 2005 5:32 pm; edited 1 time in total
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Bulsajo



Joined: 16 Jan 2003

PostPosted: Wed Sep 07, 2005 5:27 pm    Post subject: Reply with quote

Good point. I was thinking of how Sharia law seems to incompatible with the Charter of Rights and Freedoms, but your points on religions being voluntary and other religions being potentially just as incompatible are well taken.

Perhaps I don't understnad the concept of religious arbitration as it is used here, but I do think that- on principle- this is heading in the wrong direction:
I think that separation of religion from government is the only way to ensure fairness for all and would prefer that they abandon religious arbitration altogether. If you want religous arbitration then you seek it in your religious community. If religious arbitration doesn't supercede the law then why is it the state's business to regulate, and if it DOES supercede the law, well I have to say I have a problem with that.
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howie2424



Joined: 09 Jan 2003

PostPosted: Wed Sep 07, 2005 5:45 pm    Post subject: Reply with quote

The other interesting thing that no media reports on this issue seem to have addressed, is whether this form of arbitration can be imposed on a woman without her consent. It may be that they are only providing for this form of arbitration when all parties to the dispute agree to being bound by the result in advance. I stand to be corrected, but I believe that's the rule with the other forms of religious based arbitration. If that's the case then it's hard to see why anyone would complain.
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howie2424



Joined: 09 Jan 2003

PostPosted: Wed Sep 07, 2005 6:09 pm    Post subject: Reply with quote

Answered my own query. The sharia tribunals will be purely voluntary and any rulings they make in contravention of The Charter can be overturned by a Canadian court.

http://slate.msn.com/id/2106547/
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Moldy Rutabaga



Joined: 01 Jul 2003
Location: Ansan, Korea

PostPosted: Wed Sep 07, 2005 7:43 pm    Post subject: Reply with quote

The separation of church and state is an extremely messy business-- simply saying there should be no religion in social arbitration presumes that secular arbitration is neutral, and it isn't-- in some ways, a secular humanist perspective is anti-religious. That being said, it is probably best that courts be careful in permitting fundamentalist perspectives. And certainly, we must agree that a religious set of laws that argues by definition that a class or gender of people don't have any right to decide their destiny or doesn't even respect their existence needs serious curbs. We can say that women won't be forced to accept a Sharia outcome and it sounds nice and tidy, but if immigrant women with poor English and legal resources are surrounded by glowering relatives holding cans of gas and matches, a real world perspective should tell us it's not going to work.

Ken:>
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Bulsajo



Joined: 16 Jan 2003

PostPosted: Thu Sep 08, 2005 5:36 am    Post subject: Reply with quote

So I'm wondering how the Wiccan, Scientologist, Moonie & Santarian petitions to have the same rights of religious arbitration in Ontario are going.


Quote:
Editorial: Sharia tribunals and human rights

Protests will be held today at Queen's Park, and in 11 other cities in Canada and Europe, over a proposal that Ontario legalize sharia tribunals to arbitrate marriage, family and business disputes. Ever since it was proposed in 2003, the idea of basing arbitration on sharia, the 1,400-year-old body of Islamic laws, has sharply divided Ontario's Muslim community and prompted hot debate around the globe.

Premier Dalton McGuinty's government is expected to announce a decision in the coming weeks. The dilemma it faces is that many Muslims, especially women, oppose the idea because they fear women's rights will be compromised. However, Ontario already allows other religious groups � Jews, Catholics and Ismaili Muslims � to operate voluntary tribunals that hand down legally binding decisions, provided those decisions do not violate provincial law or contravene the Canadian Charter of Rights.

For McGuinty, the decision is a tough one.

That's because by its very nature, a free and democratic society must seek a balance between an individual's right to exercise his or her freedom and the state's obligation to limit that freedom should it threaten to impinge on another person's rights.

In a bid to strike an appropriate balance, Ontario law gives consenting adults the right to voluntarily settle family disputes themselves by means of an arbitration process that is subject to oversight, but not to interference, by the courts. Specifically, it allows Jews, Catholics and Ismaili Muslims to opt for faith-based arbitration rather than settle disputes in regular courts.

For many Ontario residents, the application of religious laws in any legal matter is out of place in secular Ontario. Supporters of such tribunals, however, say they allow minorities to follow their customs and traditions, so long as they are within the law.

But two years ago, when Muslim groups asked for the same rights others have, there was a backlash from human rights groups and some Muslim women, who argued that sharia law discriminates against women.

The Muslim women who are leading today's protests have nothing to fear themselves because they would never agree to submit disputes to a religious tribunal. Still, they are demonstrating on behalf of other Muslim women who may not understand their rights under our laws. They argue such women may be coerced by their families and communities into agreeing to a process that may treat them unfairly.

In a bid to ease such concerns, McGuinty offers his assurance that Queen's Park will ensure that women's rights "will not be compromised" if the province authorizes sharia tribunals.

McGuinty may have no choice but to approve the tribunals. The only other equitable option would be to take away the right given to Catholics and Jews in 1991 by the New Democrats to practise religious arbitration.

If sharia tribunals are to become an option, they must be carefully monitored to ensure the rights of all participants are respected. Muslim arbitrators must offer equal and fair treatment to both parties. They must be required to inform both parties of their right to seek resolution of the dispute through the courts. Of their right to independent legal counsel. And of their right to appeal any settlement that does not adhere to these rules or does not reflect good faith. Ontario also must educate people about these rights, and must train competent tribunal arbiters.

And, of course, the best interests of children always must come first.

These are protections to which people of all faiths are entitled. Only after ensuring them should McGuinty allow religious tribunals to operate.
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RachaelRoo



Joined: 15 Jul 2005
Location: Anywhere but Ulsan!

PostPosted: Thu Sep 08, 2005 8:45 am    Post subject: Reply with quote

Bulsajo wrote:
So I'm wondering how the Wiccan, Scientologist, Moonie & Santarian petitions to have the same rights of religious arbitration in Ontario are going.

quote]


Exactly. Where do we draw the line? This is insane. Canadian law is, generally speaking, so tolerant as it is. If mediation of the sharia variety is entirely voluntary then it doesn't need to be incorporated into the law - it can be privately agreed to by both parties and that is as far as it should go.
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Cthulhu



Joined: 02 Feb 2003

PostPosted: Thu Sep 08, 2005 1:35 pm    Post subject: Reply with quote

There's so much stink being raised about it here in Ontario these days (much of it coming from Muslim Women's Groups) I doubt it'll pass. But the fact that it made it this far it yet another indication of the way both the Charter and activist lawyers/judges are leading politicians (and by extension the general public) around by the nose. It is ironic that the Charter can both create this kind of problem and be forced to act against it as well.

Having more and more aspects of Canadian law being adjusted to fit the needs of interest groups is not a good sign. Instead of having one law on a subject for everyone to follow we are going the way of having multiple laws to fit multiple minority groups. If we are constantly having to amend laws to fit beliefs outside of the Canadian legal system it seems to indicate a fluidity to Canadian traditions and laws far in excess of what one would consider normal changes over time. Apparently our very generous liberal democratic system isn't generous enough for some. No wonder so many Canadians have such an identity crisis.
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Thu Sep 08, 2005 4:21 pm    Post subject: Reply with quote

Cthulhu wrote:
If we are constantly having to amend laws to fit beliefs outside of the Canadian legal system it seems to indicate a fluidity to Canadian traditions and laws far in excess of what one would consider normal changes over time. Apparently our very generous liberal democratic system isn't generous enough for some. No wonder so many Canadians have such an identity crisis.


It's not really fitting laws to beliefs. Private arbitration of disputes has been long established. The two parties are free to use whatever system they want for the arbitration process. If they want to use the bible or dianetics or the star fleet technical manual, they're free to do so. The government's role is paper work.
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dogbert



Joined: 29 Jan 2003
Location: Killbox 90210

PostPosted: Thu Sep 08, 2005 4:33 pm    Post subject: Re: Sharia Law coming to... Toronto? Reply with quote

Bulsajo wrote:
And the rest of Ontario.


Rejoice! You can get three more wives.
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Bulsajo



Joined: 16 Jan 2003

PostPosted: Thu Sep 08, 2005 4:38 pm    Post subject: Reply with quote

By Allah's beard, you speak the truth!
And coincidentally, I expect a Mormon exodus to Ontario any day now.
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bignate



Joined: 30 Apr 2003
Location: Hell's Ditch

PostPosted: Thu Sep 08, 2005 4:44 pm    Post subject: Re: Sharia Law coming to... Toronto? Reply with quote

dogbert wrote:
Bulsajo wrote:
And the rest of Ontario.


Rejoice! You can get three more wives.


One is more than enough!!!

If I declare myself a Muslim, can I divorce my wife by saying it three times?
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Cthulhu



Joined: 02 Feb 2003

PostPosted: Thu Sep 08, 2005 5:05 pm    Post subject: Reply with quote

mindmetoo wrote:
Cthulhu wrote:
If we are constantly having to amend laws to fit beliefs outside of the Canadian legal system it seems to indicate a fluidity to Canadian traditions and laws far in excess of what one would consider normal changes over time. Apparently our very generous liberal democratic system isn't generous enough for some. No wonder so many Canadians have such an identity crisis.


It's not really fitting laws to beliefs. Private arbitration of disputes has been long established. The two parties are free to use whatever system they want for the arbitration process. If they want to use the bible or dianetics or the star fleet technical manual, they're free to do so. The government's role is paper work.


Even though its a private issue it's a slippery slope. Limits are always going to be tested. As Bulsajo mentioned, I don't think it's the business of the state to get mixed up in religious settlements--I don't like the fact that it was already mixed up in them even before the Sharia dispute came along. The more accommodating civil law becomes to minority religious interests the more it will be pushed to do so further. Christianity and Orthodox Judaism has problematic areas but Sharia is really pushing the envelope. There are too many extreme examples of its misuse around the world; letting Canadian civil law give Sharia its blessing though its use for civil mediation is a mistake, pure and simple. That's the wrong kind of symbolism for a liberal democracy.

What's voluntary now could potentially become a Charter issue later, and it's the judges who inevitably decide what's good for the rest of the country. There's been too much of that already.
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