Faith and Arbitration

Faith-based arbitration has shown itself to be a volatile topic, particularly with Islam being the fastest growing religion in Canada. Events around the world currently cast a dark shadow on the whole, as extremists make their statement through terrorism and western superpowers wield their muscle on their political war against terror. The truth has long since been lost in the battlefield debris. No wonder so many around the world are quick to draw the line between religion and state. But do we allow one rotten apple spoil the beautiful recipe of our multicultural society where Canadian law and human rights take precedent over all else? This is where our fears are clouding our perspective and blinding us to real solutions to a deeper root.

In researching more of this issue it is quickly observed that the ancient, and even archaic, punishments are well behind the times and irrelevant in today’s civilization. Speaking with a people from various faiths and origins the core of the issue is discussed along with the influences asserting pressure to exclude outright a specific segment based in the Islam faith. Their arguments are sound considering what can be learned of punishments meted out that see hands severed and people brutally put to death. A significant portion of those persecuted are women within a cultural context controlled by men through oppression. Religious oppression and political oppression are not unfamiliar throughout history. In fact, oppression within the home is not an unfamiliar fact either.

Where there is oppression, this country’s legal system will continue to offer the protection and justice that spins squeakily and not without fault. As always, we do the best we can and learn as we go. A recognition of this issue points to a solution, one that continues to protect Canada’s legal integrity, citizen’s human rights, and the religious freedom that has functioned well within faith-based arbitration results for more than a decade. As with the success of the 1991 Arbitration Act passed in Ontario, allowance can be made to include more influences and Canadian Law continues to take precedent. Nonetheless, there are those in our society who absolutely state that no religion should be involved with legal matters whatsoever.

Seeking out opinions yielded great perspectives on the political and social ramifications, some of which have already been shared. Getting the perspective of a woman within a culture that holds this oppressive history was unsuccessful. This refusal to respond to requests for their opinions speaks volumes to what exists within our society at a deeper root. Having their culture brought into this faith-based arbitration system will do wonders to bring more of the behavior into public view. Bringing these issues more into the spotlight will have far more beneficial results for the marginalized. Who will cry out for them when they cannot cry out for themselves and our system has no means to observe?

This has not been an easy topic to grapple. Born in Nova Scotia, spent childhood in Germany on an airbase, grew up on the prairies, lived and worked in Canada’s capitol, married to a French-Canadian, lived in Quebec and British Columbia, remarried to an immigrant, I am Canadian. I don’t identify to a specific belief that represents who I am and what my roots are; my roots are multicultural, inclusive, and more than the sum-total of any one belief system. This is who we are, Canadians and newcomers, looking to share life in community and integrating the best parts into a new whole. We’re famous for it. Why stop now? My vision of Canada is one where freedom reigns. With freedom comes responsibility and with responsibility comes consequences. There’s room for faith-based arbitration. Bringing issues to light and keeping Canadian human rights, along with Canadian law, at the foundation of all dispute resolution, these arbitration hearings can yield tremendous savings to our legal system and tax dollars. These arbitration settlements are not binding and as Canadian law takes precedent, if a party does not agree with the judgment they can seek out the Canadian legal process.

This brings me back to one real reason so many are up in arms over the issue; oppressed and victimized women. No inclusion or exclusion of a legal aid system will rectify this problem. This problem requires a different set of solutions. Many of us come from a history that is steeped in its own oppression and time, education, and patience saw us evolve beyond our unsavory past. The crusades, the inquisition, inhumane treatment of native Canadians, abused children, and the lists can go on. Everything that has been brought into the light has resulted in change for the better. Let’s keep it there.