YWCA Toronto | declaration on religious arbitration in family law

Dear [Name of MPP]

I am writing to you as one of your constituents to urge you to oppose the implementation of Marion Boyd’s recommendations with respect to the use of religious arbitration in family law disputes. I believe that family law matters should be dealt with by the system of public family law and not by private systems of law of any kind.

As you know, Premier Dalton McGuinty hired Ms. Boyd to conduct consultations into this important issue, and she provided the Premier with her report and recommendations in December 2004. Her recommendations would allow the Arbitration Act to continue to govern the private arbitration of family law disputes. This would not be good for Ontarians.

An important tenet of Canadian democracy is that we are all governed by one system of laws, created by publicly elected officials who are accountable to us, the electorate. While that system of law is not always perfect, it is designed to recognize the realities of all citizens and is open to public scrutiny and improvement. Such is not the case with private systems of law, such as religious laws.

Ontario’s commitment to religious freedom, anti-racism and multiculturalism are very important to me and to all Ontarians. Some have argued that to deny arbitration based on religious laws is a breach of these commitments. I do not agree. Allowing the use of religious arbitration will lead to divisiveness, the ghettoization of members of religious communities and human rights abuses, particularly for the most vulnerable members of the community, especially women and children.

I urge you to speak strongly in favour of Ontario’s commitment to one system of laws for all as well as for freedom of religion and anti-racism by supporting amendments to the Arbitration Act to prohibit the use of religious laws in the arbitration of family law disputes. The eyes of the world are quite literally watching Ontario at this time to see if we have the courage to move forward on this issue in a way that is inclusive and respectful of all.

Yours very truly,