Natasha Bakht

Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women

In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontarios Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has a commitment to upholding both a policy of multiculturalism and an international obligation towards womens rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario.

In Your Face: Piercing the Veil of Ignorance About Niqab-Wearing Women

This article examines three judicial decisions in three different jurisdictions involving niqab-wearing women in courtrooms. Particular emphasis is paid to the Canadian Supreme Court case of R v. NS in which a sexual assault complainant wanted to wear her niqab while testifying. The uniquely challenging context of sexual assault, which has garnered much feminist attention and reform internationally, is considered. It is argued that serious consideration must be given to the multiple rights of Muslim women by reassessing the traditional use of demeanor evidence. Some judges in these cases attempt to be inclusive of niqab-wearing women in accordance with policies of multiculturalism, yet they do not go far enough in protecting Muslim women’s rights. Other judges refuse to accommodate the niqab entirely. This troubling analysis parallels attempts made to exclude niqab-wearing women from public spaces in Canada and permits dubious objections that certain requests for accommodation have gone too far.