EDITORIAL – Only law in Canada should be Canadian

Under 1991’s Arbitration Act, citizens of Ontario have been able to use traditional… Under 1991’s Arbitration Act, citizens of Ontario have been able to use traditional religious law to settle issues such as divorce and inheritance. This is about to end.

People residing in a particular country or province commit themselves to following the laws of the land. This social contract is essential for creating a harmonious community; all citizens should be treated equally. Ontario is strengthening its own contract by repealing the Arbitration Act. As premier of the province Dalton McGuinty said, “There will be one law for all Ontarians.”

This change in policy was initiated when the province’s leaders considered a proposal to allow the use of Shariah, or Muslim law, to resolve issues in the Muslim community. Had they accepted the proposal, Ontario would have become the first Western jurisdiction, and one of the only places outside of the Muslim world, to allow Shariah a place in the courts.

Critics organized massive protests throughout Canada. They argued that Shariah is discriminatory toward women. Only a man, for example, can request a divorce.

It is true that if some Jewish and Christian laws have places in the courtroom, some Muslim law should also be permitted. Religion in a society that separates church and state is essentially an all or nothing proposal. All religions must be equally welcomed and weighted, whether this means they are allowed to infiltrate the legal system or are kept outside of government. The legislation in Ontario chose wisely by choosing separation.

Issues serious enough to require legal intervention, whether governmental or religious, simply must be handled in a uniform manner throughout a jurisdiction. An atheist, a Jew and a Muslim should not operate under different obligations if they live in the same country, whether or not they do so voluntarily. Also, given the rise in interfaith marriages, one specific religious doctrine will often not apply within some families.

Requiring all legal concerns to go through the courts will certainly increase the caseload in Ontario’s judicial system. In the name of fairness, though, this is a necessary burden. If people do not wish to abide by the laws set forth by Ontario’s legislature, they always have the option of moving elsewhere. While they enjoy the health care, public transportation and educational systems in place in Ontario, though, they must respect the law.

Whether or not Shariah does in fact discriminate against women is not the issue at hand. Yes, the proposal to admit Muslim law is what sparked the upcoming ban on religious arbitration, but this arbitration should have been banned in the first place.