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University of Toronto St. George
Political Science

POL340 jan 15 HUMAN RIGHTS AND SHARIA LAW Problem when freedom of religion is in competition with gender equality o In Ontario general view that selfdetermination is primaryo Where there are economic circumstances that stop them it is the responsibility of the state to come and protect them Limits of multiculturalism oCanada and global Sharia law in Ontarioo Syed Mumtaz Ali 2003 Arbitration Acto A Muslim lawyer Syed Mumtaz said he was planning on opening a Sharia law Tribunalfor men and women to attend to deal with the end of a Marriageto provide same arbitration services as are available in similar institution Under the Arbitration act he could Said good muslims must go heremarketing strategy Arbitration act 1991o Around for more than 10 yrso In 1991 alternative dispute resolution was fashionableinstead of going to courts restricted rules delays and expensive take your dispute elsewhere get a mediator to try to negotiate a settlement or take it to arbitrationA little like a private court people are determined by agreement Under arbitrationdecision is enforceableto allow more affordable speedier justiceo This already happening to a small degree in family law and to a significant degree in commercial arbitration Arbitrationprivate not a public court facts are not publico Legislator past 1991 arbitration act saying decisions where enforceable including on family law Can should jurisdiction under which to arbitrate UK Quebec civil codes etco Jewish law tribunals were in game already and with arbitration act It became official BUT jewsish tribunals were contractsof these arbitrations where like private contracts and the only way for general attorney to know about this would be if it is brought to court to challenge it Very few of theseo Sharia Law tribunalabbesses itself of these laws Sharia law was not recently quietly authorized to operate in Ontario but was lawful technically under the arbitration act Slogan became to ban or stop sharia law in Ontarioas they thought of it like in Pakistan or other jurisdictions where they use misogynous tacticswhich would not happen under the arbitration act in Ontarioo Under arbitration act
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