In the Name of God, the Compassionate, the Merciful
- PRESS RELEASE -
CAIR-CAN EXTREMELY DISSAPOINTED BY BAN ON
FAITH-BASED ARBITRATION
Decision "shortsighted, and will not protect vulnerable parties who will
engage in arbitration," says group
For immediate release
(Ottawa, Canada - 12/09/05) - The Canadian Council on American-Islamic
Relations (CAIR-CAN) says it is extremely disappointed by the recent
decision by Ontario Premier Dalton McGuinty to ban religious arbitration,
which, the group says, is "shortsighted and will do nothing to protect the
interests of vulnerable parties who will likely still engage in the
process."
"This decision is a loss for Christians, Jews, Muslims and others, and was
unfortunately driven by numerous inaccuracies that distorted the true nature
of what was already in use since 1991 in Ontario," says Halima Mautbur,
CAIR-CAN's Communications Director. "Premier McGuinty failed to look beyond
the controversy and do what was needed to create a system that is
accountable, transparent and safeguards the rights of all Canadians."
McGuinty announced on September 11, 2005 that all religious arbitration,
including Islamic arbitration, would be prohibited in Ontario. McGuinty
ignored a detailed report that he commissioned from former Attorney General
Marion Boyd which recommended faith-based arbitration along with a detailed
list of safeguards.
Riad Saloojee, CAIR-CAN's Executive Director, says the end result of the
decision by Premier McGuinty is that unregulated informal arbitration will
continue - a process which does not always uphold the rights afforded to all
Canadians, especially the vulnerable, under Canadian law.
CAIR-CAN's submission to Boyd on faith-based arbitration included
recommendations to ensure that the process was voluntary, consensual and
informed. CAIR-CAN proposed, among other checks and balances, that all
individuals who used the process receive independent legal advice, that
arbitrators be trained and regulated appropriately and that a registry be
kept of all arbitral decisions. For CAIR-CAN's report and recommendations,
see :
http://www.caircan.ca/downloads/sst-10082004.pdf.
Many of CAIR-CAN's recommendations were accepted by Boyd who, after
consultation with other affected groups, ultimately recommended the use of
faith-based arbitration.
"Premier McGuinty's decision is clearly a political rather than a principled
decision," added Saloojee. "He has abandoned his own process by rejecting
Ms. Boyd's report and he has sent the very troubling message that public
policy in Ontario will not be dictated by dispassionate and objective
standards."
- END -
For more information, contact Halima Mautbur at 613-254-9704 or 613-795-2012
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