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letter to The Toronto Star published 2005/05/29

re. Quebec rejects Islamic law

Salam Elmenyawi may have a point about making motions against an identifiable religious community, but it is undercut by the fact, as Fatima Houda-Pepin points out, that it is the only religious community that is seeking special status. Quebec has already said no to faith-based arbitration in family law. Ontario should follow its example.

In Canada, everyone is entitled to equal treatment under the law. This right is abrogated when we allow different groups to use different, and often incompatible, values to arbitrate. Ontario's family law goes to some lengths to ensure that the most vulnerable, women and children, are protected in matters of divorce and inheritance. While it is not perfect, I know of no alternative system that can match it.

The so-called "faith based" systems, including Sharia, generally reflect a outdated, male-dominated perspective where children are often little more than chattel. While alternative dispute resolution may be acceptable for businesses, where both parties can be considered relatively equal, family matters almost always involve multiple parties where the power balance is heavily skewed. Children are particularly at risk.

Marion Boyd made a terrible error in recommending allowing Sharia in Ontario family law. Hopefully the Ontario Liberals will listen to their counterparts in Quebec and remove family law entirely from the Arbitrations Act.

Gary Dale

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