Home Temp Bakht - Arbitration, Religion and Family Law
Arbitration, Religion and Family Law: Private Justice on the Backs of WomenNatasha Bakht National Association of Women and the Law Ottawa, ONResearch Paper March 2005Print (, 549 KB)
OutlineAcknowledgments Introduction Part One: Family Arbitration Using Sharia Law - Arbitration and Family Law in Ontario
- Ontario’s Arbitration Act
- The Arbitration Process
- The Content of Arbitral Awards in the Family Law Context
- Division of Property
- Spousal Support
- Custody, Access, Child Support and Other Matters Involving Children
- Court Intervention in Arbitral Agreements and Awards
- Appeal Process
- Process of Judicial Review
- Setting Aside Arbitral Agreements and Awards
- Declaration of Invalidity by a Non-Party
- Unusual Remedies
- Judicial Interpretation of Private Agreements
- The Interpretation of Voluntariness and Free Will
- Judicial Interpretation of Islamic Agreements
- Multiple Interpretations of Sharia Law
- Reservations to CEDAW: Example of the Diverse Application of Sharia Internationally
- The Potential Impact of the Arbitration Regime on Women
- Section 15 Charter Analysis
- Standing: Who Can Invoke a Charter Right
- Distinction in Purpose or Differential Treatment in Effect
- Based on an Enumerated Ground
- Whether the Distinction or Differential Treatment is Discrimination
- Section 1 of the Charter
- Conclusion
Part Two: Human Rights Framework - Culture and multiculturalism
- Multiculturalism in Canada
- The Multiculturalism Paradox
- The Impact of Accommodation on Minority Women
- Religious freedom
- Freedom of Religion Under Domestic Law
- Religious Freedom Under International Law
- The Legal Supremacy of Women’s Rights in the Charter and in CEDAW
- International Legal Framework
- Canada’s Rights Regime
- Islam and the Conflict between Women’s Rights and Religious Practice
- Conclusion: Universality and indivisibility of human rights
Part Three: The Separation of “Church” and State - Basic concepts and historical contex
- Considerations in the Canadian Context
Part Four: Law Reform Options - Islamic Institute of Civil Justice: Muslim Sovereignty
- Canadian Council of Muslim Women: One law for All
- Marion Boyd Recommendations
- Reformist feminist proposals:
- Dual Governance
- Women’s Legal Education and Action Fund Proposal
- National Association of Women and the Law
- NAWL Opposes Arbitration in Family Law
- NAWL Opposes Faith-Based Arbitration in Family Law
- A Framework for Mediation
- Improving the Justice system
- Conclusion
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