See Ya, Shariah

The question of Shariah Law coming to the province of Ontario has finally been settled, and to paraphrase Clint Eastwood, it's not gonna happen. After much deliberation, debate and protestation, Premier Dalton McGuinty decided that the recommendation made by former attorney general Marion Boyd to continue the option of faith-based arbitration in family matters will not be implemented. As a result there will be no Islamic tribunal established - but the existing Jewish and Catholic courts will come to an end as well. (Go here for some excellent background information on this story.)

I'm really torn on this issue. I certainly sympathize with those who are fearful of Shariah Law stifling women's rights in the Islamic community, with the full accreditation of Ontario law. Although the law stipulated that any religious court would have to conform to Canada's Charter of Rights and Freedoms, women's groups protested at Canadian embassies in a number of cities throughout the world. And, no doubt, a good portion of the opposition was a knee-jerk reaction in these troubled times to anything "Islamic" or "Shariah" without actually knowing what it all entails. On the flip side, one of the groups supporting Shariah-based tribunals was none other than B'nai Brith Canada. I imagine that they were well aware that it might come down to an all-or-nothing decision, and they were interested in protecting the Jewish courts. In truth, the existing religious tribunals have worked quite well and have helped ease the caseload in the civil court system. But it sends an awful message, in a country that prides itself on multiculturalism, for the government to pick and choose which religions are allowed to have special judicial privileges and which ones aren't.

In the end, McGuinty opted for the path of least resistance. It was the only decision he could have made in which he was assured of achieving both religious and gender equality, but it came at the cost of fixing something that wasn't broken. I might be an opinionated blogger, but this is one decision I'm sure glad I didn't have to make.