本文发表在 rolia.net 枫下论坛McGuinty says 'No' to sharia law


PRITHI YELAJA AND ROBERT BENZIE
STAFF REPORTERS

In a surprise announcement that caught both supporters and opponents of sharia law off guard, Premier Dalton McGuinty says he will move quickly to ban all religious arbitration in the province.

McGuinty made the announcement in a telephone interview with The Canadian Press yesterday after months of debate and controversy surrounding use of Islamic sharia law in family arbitration.

"I've come to the conclusion that the debate has gone on long enough," the premier told the news agency.

"There will be no sharia law in Ontario. There will be no religious arbitration in Ontario. There will be one law for all Ontarians."

The announcement prompted tears of joy and cartwheels among opponents of sharia who say they suffered constant harassment, including verbal taunts, physical attacks and even death threats by fundamentalist Muslims because of their stance.

"I'm just thrilled! It validates what we've been saying. It's a big victory for separation of religion and state and a huge defeat for Islamic fundamentalism," said Tarek Fatah, of the Muslim Canadian Congress, adding the group feared McGuinty would allow sharia after receiving a report recommending it by former NDP attorney-general Marion Boyd.

"I want to congratulate the premier for taking such a bold and courageous decision. It restores my faith in politicians," said Fatah.

Boyd could not be reached for comment yesterday.

Proponents of sharia expressed shock and disappointment at what they call McGuinty's "flip-flop" on the issue, and the fact that he went against the recommendations of Boyd's report.

"He is misguided and will alienate many people of faith in this province," said Mohammed Elmasry, head of the Canadian Islamic Congress.

"He obviously caved in to political pressure from a minority with a loud voice. Not only will it cost him at the polls in the next election, the problem won't go away ... Arbitration will continue anyway, because it is part of our social fabric."

"If McGuinty is worried about women abuse," Elmasry said, "then recognizing and regulating arbitration is much better than the ad hoc procedure that is currently happening because, when you regulate it, there is transparency and accountability."

A representative from Ontario's Jewish community also expressed surprise at McGuinty's decision.

"We're stunned," said Joel Richler, Ontario region chairman of the Canadian Jewish Congress.

"At the very least, we would have thought the government would have consulted with us before taking away what we've had for so many years."

Richler said the current system — in place since 1992 — has worked well and he saw no reason for it to be changed for either his or other religious communities.

"If there have been any problems flowing from any rabbinical court decisions, I'm not aware of them," he said.

The decision likely will not affect marriage tribunals of the Catholic Church, which simply decide whether a marriage was "sacramentally valid," said Suzanne Scorsone, spokesperson for the Archdiocese of Toronto. Such tribunals do not access the Arbitration Act because they do not deal with issues such as custody, property division or support payments, she said.

Members of the Canadian Council of Muslim Women who had met just yesterday to plot their next move in fighting further legalization of sharia law, were overjoyed at McGuinty's decision.

"We're still in disbelief. But it's such good news. It's remarkable. We're very happy because it's been a difficult fight. We got a lot of flak from other Muslims who called us Islamaphobic," said Nuzhat Jafri, a spokeswoman for the group.

"It was way too complicated for the government to allow faith-based arbitration. Most faiths, whether we like it or not, are not fair to women because they are based on a patriarchal tradition."

Banning all religious arbitration is an "equitable move," Jafri added. "To single out Muslims would have been discriminatory."

Just hours before McGuinty's announcement, writer June Callwood, actress Shirley Douglas and other prominent Canadian women had, as a group, issued an open letter to him on behalf of the No Religious Arbitration Coalition.

Elated, Callwood and Douglas were full of praise for McGuinty.

"Wow, that's brilliant!" said Callwood. "So many women and a lot of men, too, felt this (sharia) was going to be a disaster. To do it in one big stroke is wonderful. It provides consistency."

McGuinty's decision "will be cheered around the world," said Callwood. Douglas was equally effusive. "It's terrific. Dalton McGuinty has made a move he will be proud of for a long time."

Expanding legal use of sharia would have been a "huge step backward for women ... being dictated to by men and elders of the (faith) ... this is a recipe for deep trouble for women in those communities ... why terrorize people with that kind of insecurity? I'm very pleased he's discontinuing the others as well. Religion has no place in law."

Under the 1991 Arbitration Act, sharia law is already legal in the province so long as both parties agree to its use and the arbitrators' decisions do not violate Canadian law. Aboriginal, Christian and Jewish tribunals have operating similarily under the act for the past 14 years.

Because of concerns over expanding use of sharia law in dispute resolution, the Liberals asked Boyd, whose government effectively allowed religious arbitration, to review the issue.

Since December, the government has sat on Boyd's report, which recommended retaining sharia law and other religious arbitration as an option to resolve familial disputes such as child custody and divorce.

Liberal inaction on the matter infuriated and frustrated supporters and opponents of religious tribunals.

Last Thursday, McGuinty was vilified at a Queen's Park protest for appearing tacitly to endorse sharia, which critics charge treats women unfairly. Similar demonstrations were held in Montreal and abroad in Amsterdam, Paris and Rome.

The premier told Canadian Press such religious arbitrations "threaten our common ground," and promised to introduce legislation "as soon as possible" to outlaw them.

Sources told the Toronto Star McGuinty came to the conclusion he had to prohibit all tribunals after a meeting last Wednesday with Attorney-General Michael Bryant, who has been wrestling with the tricky issue for months. Bryant could not be reached for comment.

"Ontarians will always have the right to seek advice from anyone in matters of family law, including religious advice. But no longer will religious arbitration be deciding matters of family law," McGuinty told CP.

Both opposition parties said they supported an end to religious tribunals, but panned the way the premier came to it.

Progressive Conservative Leader John Tory said last night he was "very disappointed" that McGuinty would announce such sweeping policy through the media. He said faith groups should have been consulted.

"This appears to have been drawn up on a napkin — 4:20 p.m. on a Sunday seems a funny time to be making up major policy in an interview."

NDP MPP Peter Kormos (Niagara Centre) said he was "pleased" McGuinty appears to be adopting the New Democrat position of preventing religious tribunals from deciding issues best left to courts.

But Kormos criticized the premier "for allowing this to fester. His delays, his head-in-the-sand approach has provoked a debate that has become unpleasant and harmful and at times hateful."

There was much pressure from the 17-member Liberal women's caucus to ban sharia law.

Liberal MPP Kathleen Wynne (Don Valley West), one of the members urging prohibition of religious tribunals, was "relieved" at the decision.更多精彩文章及讨论，请光临枫下论坛 rolia.net