Arbitration, Religion and Family Law: Private Justice on the Backs of Women

The primary purpose of this paper is to examine the legal implications of arbitration tribunals that will utilize sharia law in Ontario.

Table of Contents

Part One: Family Arbitration Using Sharia Law

I. Arbitration and Family Law in Ontario

II. The Potential Impact of the Arbitration Regime on Women

Part Two: Human Rights Framework

I. Culture and multiculturalism

II. Religious freedom

III. The Legal Supremacy of Women’s Rights in the Charter and in CEDAW

Part Three: The Separation of “Church” and State

I. Basic concepts and historical context

II. Considerations in the Canadian Context

Part Four: Law Reform Options

I. Islamic Institute of Civil Justice: Muslim Sovereignty

II. Canadian Council of Muslim Women: One law for All

III. Marion Boyd Recommendations

IV. Reformist Feminist Proposals

V. National Association of Women and the Law

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