Canadian Responses to Islamic Law: The Faith-based Arbitration Debates
Issued Date: 12 Dec 2013
Abstract
The 2005 Faith-based Arbitration debates in Ontario serve as yet another recent example of a dramatic clash between religion and state to have occurred in Canada. The debates pitted two rights—each with equal significance under the Canadian Charter—against one another: freedom of religion and gender equality. What was noteworthy about these debates, however, was the way in which the Islamic faith alone was singled out, and the way in which Islamaphobic sentiments seemed to drive the debates. Despite the province’s decision to ban Faith-based Arbitration, however, the matter will likely re-emerge again owing to several factors, yet again raising essential questions regarding Canada’s stance on accommodation and religious freedoms.
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References
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R. v. Edwards Books, [1986]
R. v. Oakes, [1986] 1 S.C.R. 103
R. v. Morgentaler, [1988] 1 S.C.R. 30
Razack, Sherene H. 2004. “Imperilled Muslim Women, Dangerous Muslim Men and Civilised Europeans: Legal and Social Responses to Forced Marriages.” Feminist Legal Studies 12(129): 129–174.
Shachar, Ayelet. 2008. “Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law.” Theoretical Inquiries in Law 9(2): 573–607. http://dx.doi.org/10.2202/1565-3404.1198
Siddiqui, Haroon. 2005. “Shari‘a is Gone but Fear and Hostility Remain.” Toronto Star, sec. A25. September 15.
Singh, S. H. 2003. “Religious Law Undermines Loyalty to Canada.” Vancouver Sun, sec. A23:December 10.
Slimi, Hamid. 2004. “Letter to the Editor.” The Toronto Star. June 1.
Veinotte, Gayle. 2005. “A legal jihad: Islamic groups say they don’t want shari‘a law to apply only to Muslims. They want everyone to obey the Qur’an.” Western Standard, October 31. http://www.westernstandard.ca/website/i ... le_id=1147
WorldNetDaily. 2003. “Canada Prepares to Enforce Islamic Law: Judges Will Give Legal Sanction to Disputes Between Muslims.” November 28. http://www.worldnetdaily.com/news/article.asp?ARTICLE ID=35850
Worthington, P. 2004. “Wake-up McGuinty.” Toronto Sun, August, 26.
Addis, Adeno. 1997. “On Human Diversity and the Limits of Toleration.” In Ethnicity and Group Rights, edited by Ian Shapiro and Will Kymlicka, 112–153. New York: New York University Press.
Ali, Syed Mumtaz. 2003. “Islamic Institute of Civil Justice and Muslim Court of Arbitration.” http://muslimcanada.org/DARLQADAMSHAH2.html.
Attorney General of Ontario. 2006. Ontario Passes Family Statute Law Amendment Act. Ministry of the Attorney General News Release. Available on the Government of Ontario Website.
Baines, Beverley. 2006. “Equality’s Nemesis?” Journal of Law and Equality. 5(1): 57–80.
Bakht, Natasha. 2005. “Arbitration, Religion and Family Law: Private Justice on the Backs of Women.” In Research and Working Papers. Ottawa: National Association of Women in the Law (NAWL).
Baqi, Karin. 2005. Behind Closed Doors: How Faith-Based Arbitration Shuts Out Women’s Rights in Canada and Abroad. Canadian Electronic Library: Rights & Democracy.
Canadian Charter of Rights and Freedoms, R.S.C, 1985 Appendix II, no. 44 See also Part I (Ss. 1 to 34) of the Constitution Act, 1982.
Boyd, Marion. 2004. “Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion.” December, 20. http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/boyd/.
Emon, Anver. 2005. “A Mistake to Ban Shari‘a.” The Globe and Mail, sec. A21:13 September.
Fournier, Pascale. 2004. “The Reception of Muslim Family Law in Western Liberal States.” Shari‘a/Muslim Law Project. Women Living Under Muslim Laws, Dossier 27.
Fried, Ginnine. 2004. “The Collision of Church and State: A Primer to Beth Din Arbitration and the New York Secular Courts.” Fordham Urb. L.J. 31.
Gregory, John D., Anne Marie Predko, and Juliette Nicolet. 2005. Faith-Based Family Arbitration, edited by Uniform Law Conference of Canada Civil Section. St. John’s, Newfoundland and Labrador: Paper prepared for the Uniform Law Conference of Canada, Civil Section.
Horrocks, Russell L. 1982. “Alternatives to the Courts in Canada.” Alberta Law Review 20(2): 326–334.
Huntington, Samuel P. 1997. The Clash of Civilizations and the Remaking of World Order. New York: Touchstone.
Mallick, H. 2004. “Boutique law: It’s the latest thing.” The Globe and Mail. May 15.
Moon, Richard. 2003. “Liberty, Neutrality, and Inclusion: Religious Freedom Under the Canadian Charter of Rights and Freedoms.” Brandeis Law Journal 41: 563–573.
Moosa, Zohra. 2010. “Balancing Women’s Rights with Freedom of Religion: The Case Against Parallel Legal Systems for Muslim Women in the UK.” State of the World’s Minorities and Indigenous People. http://www.google.ca/url?q=http://www.minorityrights.org/download.php%3Fid%3D845&sa=U&ei=2BqBUo20M7HtiQLKhoDYAQ&ved=0CBoQFjAA&usg=AFQjCNGIvM_SLYcYSz3OndhHvkGzFxss9Q
O’Neill, Terry. 2005. “Homa Arjomand.” The Western Standard. September 12.
Ogilvie, M. H. 2003. Religious Institutions and the Law in Canada. 2nd ed. Toronto: Irwin Law.
Penney, Jonathon and Danay, Robert Jacob. 2006. “The Embarrassing Preamble? Understanding the Supremacy of God and the Charter.” University of British Columbia Law Review 39(2): 287–333.
R. v. Edwards Books, [1986]
R. v. Oakes, [1986] 1 S.C.R. 103
R. v. Morgentaler, [1988] 1 S.C.R. 30
Razack, Sherene H. 2004. “Imperilled Muslim Women, Dangerous Muslim Men and Civilised Europeans: Legal and Social Responses to Forced Marriages.” Feminist Legal Studies 12(129): 129–174.
Shachar, Ayelet. 2008. “Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law.” Theoretical Inquiries in Law 9(2): 573–607. http://dx.doi.org/10.2202/1565-3404.1198
Siddiqui, Haroon. 2005. “Shari‘a is Gone but Fear and Hostility Remain.” Toronto Star, sec. A25. September 15.
Singh, S. H. 2003. “Religious Law Undermines Loyalty to Canada.” Vancouver Sun, sec. A23:December 10.
Slimi, Hamid. 2004. “Letter to the Editor.” The Toronto Star. June 1.
Veinotte, Gayle. 2005. “A legal jihad: Islamic groups say they don’t want shari‘a law to apply only to Muslims. They want everyone to obey the Qur’an.” Western Standard, October 31. http://www.westernstandard.ca/website/i ... le_id=1147
WorldNetDaily. 2003. “Canada Prepares to Enforce Islamic Law: Judges Will Give Legal Sanction to Disputes Between Muslims.” November 28. http://www.worldnetdaily.com/news/article.asp?ARTICLE ID=35850
Worthington, P. 2004. “Wake-up McGuinty.” Toronto Sun, August, 26.
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