Ontario has banned binding religious arbitration. Logically, this should include the JWs handling divorce matters (where they claim they have the authority to grant "scriptural divorce" and use this to control the future marriages of legally divorced JWs.)
But, I can also see this law trickling down to the blood issue and child molestation 2 witness policy. Basically, the law attempts to remove all "religious" legal arbitration that may affect the lives of secular citizens belonging to such organizations. Definitely a step in the right direction and I will be interested to see its implications on the "Watchtower Legal System" Ontario bans binding religious arbitration Province bans binding religious arbitration Fear of Muslim sharia spurred protests, action Feb. 15, 2006. 04:57 AM KERRY GILLESPIE QUEEN'S PARK BUREAU The provincial government passed legislation last night that bans the use of binding religious arbitration to settle family law matters, like divorce and child custody.
"The bill reaffirms the principle that there ought to be one law for all Ontarians," said Attorney General Michael Bryant.
Women's groups, which say religious arbitration discriminates against women and children, are thrilled.
Others aren't.
"It assumes that women are incapable of consenting genuinely to have an arbitration based on their own religious values and that those religious values are innately exploitative," Mark Freiman, of the Canadian Jewish Congress, Ontario Region said.
The legislation also won't protect vulnerable women who may be forced by their families into seeking a religious settlement rather than going to the public courts, Freiman said.
Mohamed Elmasry, chair of the Canadian Islamic Congress agrees with him.
"It will not solve the main problem it is supposed to address, which is to protect women and, basically, it will drive religious arbitration underground," Elmasry said, adding the government should have properly regulated religious arbitration instead of banning it.
The possibility that a controversial set of Muslim rules and guidelines known as sharia would be used in Ontario under the arbitration act drove the government to draft the new legislation.
The original arbitration act allowed for just about any set of rules to be used for an arbitration as long as both parties agreed.
There are many different interpretations of sharia, but most people say it favours fathers for custody of children and men over women in matters of divorce and inheritance.
"I'm so happy," Homa Arjomand, repeated over and over last night when she heard the government was passing Bill 27 — an act to amend the Arbitration Act, 1991.
Arjomand, co-ordinator of the International Campaign against Sharia Court in Canada, brought hundreds of protestors to the front lawn of Queen's Park last year to force the government to act.
Community groups will now have to work hard to make sure religious arbitration doesn't go underground, but even if some does, the decisions will have no legal standing, she said.
While religious arbitration got everyone's attention — the bulk of family arbitration in the province is being carried out under regular Ontario family law.
While drafting legislation to protect vulnerable religious women the government came close to destroying the entire system — which is a popular alternative to the expensive and over burdened court system.
The government made several amendments to the bill after family lawyers and arbitrators pleaded with them during committee hearings.
Bryant said the legislation was all about finding "the right balance" between competing interests.
"We've made improvements that I think will ensure that those who could be in a vulnerable position are protected," Bryant said.
Detailed regulations still have to be drafted, which could take a year, before the changes come into effect, he said.
Changes include:
With files by Robert Benzie