Date: Thursday 2 June 2005
Subj: Canada: Quebec rejects Sharia to preserve equality and rights.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal.
On 26 May Quebec's legislative assembly unanimously rejected the use of Sharia tribunals. Quebec is the first Canadian province to explicitly ban the use of Sharia Law (Islamic Law), and they are doing so to preserve equality, rights and liberty for all irrespective of race or religion.
The Canadian Council of Muslim Women has cheered the decision and hailed it as courageous.
Meanwhile, the president of the Muslim Council of Montreal likened the decision to Hitler's treatment of the Jews, and hinted that it might consider filing a complaint to the United Nations. Of course this would be quite a legitimate course of action now that the UNCHR has agreed to monitor "defamation" of Islam by "extremists" who "wrongly" associate Islam with human right violations. http://ap.ohchr.org/documents/E/CHR/resolutions/E-CN_4-RES-2005-3.doc
-------------------------------
October 2003 ONTARIO
-------------------------------
At a conference in Etobicoke, Ontario, Canada, in October 2003, Muslim delegates elect a 30-member council to establish the Islamic Institute of Civil Justice. Muslims move to establish Sharia Arbitration Courts whose rulings will be enforced by Canada's secular courts. For background see: Canada: Applying Shariah through Islamic arbitration. 15 Dec 03
--------------------------------
December 2004 ONTARIO
--------------------------------
Ontario attorney general Marion Boyd issues a report recommending that Muslims in Canada should have the right to seek arbitration based on their religious laws.
------------------------------------------------------------
26 May 2005: QUEBEC REJECTS SHARIA TO PRESERVE EQUALITY AND RIGHTS
------------------------------------------------------------
On 26 May, Liberal backbencher Fatima Houda-Pepin, who was born a Muslim in Morocco, put forward a motion in the Quebec Assembly to reject Sharia tribunals in Quebec. Ms Houda-Pepin told members of the Assembly that Sharia Law discriminates against women. She
alleged that Muslim women in Canada want to integrate and the drive to introduce Sharia Law in Canada "is part of a strategy to isolate the Muslim community, so it will submit to an archaic vision of Islam. These demands," she continues, "are being pushed by groups in the minority that are using the Charter of Rights to attack the foundation of our democratic institutions. It's a political agenda in the name of Islam." (Link 1)
She also cautioned that any move to allow Islamic family law would lead to similar demands in criminal and civil legal areas.
-------------------------------------------------------------
RESPONSE from the Canadian Council of Muslim Women (CCMW)
-------------------------------------------------------------
CCMW press release (excerpts): "The Canadian Council of Muslim Women has welcomed the Quebec National Assembly’s unanimous adoption of a motion declaring that no Muslim tribunals for family matters will be allowed in the province, and that the laws of Quebec will apply to all its residents, regardless of religion, ethnicity or culture.
"This public motion is a courageous act and though it may be criticised by some, its message is strong that religious women will not be isolated and placed under any other form of law. Quebec has clearly understood that different laws for different citizens leads to discrimination and has nothing to do with multiculturalism or Quebec’s Charter of Rights and Freedom."
Regarding the present debate in Ontario over whether or not to introduce Sharia tribunals CCMW said, "Ontario should not discriminate against religious women nor isolate them because of their faith. The government should also not be persuaded that there is a conflict between religious freedom and women's equality rights, nor that pluralism should lead to segregation of citizens on the basis of religion, ethnicity or race. It is a fallacy which shows a lack of understanding and caring when the facile argument is made that the use of private legally binding arbitration is a matter of 'choice' or that it is 'voluntary'.
"We urge Premier McGuinty to demonstrate leadership so that Canada does not set a precedent which is of grave concern to the international community." (Link 2)
-------------------------------------------------------------
RESPONSE from the Muslim Council of Montreal (Quebec)
-------------------------------------------------------------
The Daily Times (Pakistan) reported the outrage of Salam El Menyawi, president of the Muslim Council of Montreal, who fumed, "'Taking such action is tantamount to religious bigotry and discrimination against a religious minority. Muslims are being excluded from rights other religions have. And this exclusion is very dangerous because that is exactly what Hitler did to Jews.' He added, 'I have been inundated with calls and e-mails from the Muslim community asking that we should file a complaint with the United Nations.'" (Link 3)
-----------------------------
QUEBEC: EQUAL RIGHTS FOR ALL
-----------------------------
According to an article in Canada's National Post, Ms Houda-Pepin claimed that Islamic fundamentalists from the Muslim World League, based in Saudi Arabia, held a conference in Washington in 1991, where Canada, because of it's rights guarantees and official multiculturalism, was specifically targeted for the introduction of Sharia. (Link 4)
She claims the Islamist plan is to set Canada up as a precedent for all Muslims in the West, encouraging them to reject Western laws and push for Sharia where they are.
The National Post reported, "Ms. Houda-Pepin also wondered what form of sharia would be adopted in Canada, noting that it means different things in different countries.
"In Pakistan, a woman who is raped can be flogged unless she can produce four male witnesses to prove she was raped, she said, while in Nigeria a woman can be stoned to death for sexual relations outside marriage. Sharia in Iran allows men to have as many 'wives of pleasure' as they want, she noted. In Saudi Arabia, in the name of sharia, a woman cannot drive a car.
"The victims of sharia have a human face," she said. "They are Muslim women."
There is concern that if Sharia Arbitration tribunals exists then Muslim women might find themselves pressured to sign pre-nuptial agreements promising to use Sharia arbitration in the event of a dispute, thus depriving them of the rights available to non-Muslims.
It should also be noted that according to Sharia family law, Muslims who commit apostasy (leave Islam) are automatically divorced and lose custody of their children. According to Canada's rules of arbitration, Canada's secular courts are obliged to enforce the religious rulings.
The National Post quotes Marilou McPhedran, legal counsel to the Canadian Counsel of Muslim Women, as saying that there was "a well-intentioned naivete about this [Boyd] report. Why would we in Ontario privatize family law when we already have a public system of family law that is predicated on the constitutional values of equality in this country, in this province, that should be available to each and every woman living in Ontario," she said.
Canadian Press reports, "Premier Jean Charest's Liberals are putting pressure on the Ontario government, which is expected to make a decision [regarding Sharia law] before summer. Charest said he simply wants to send a clear message that all Quebecers are equal under the law. 'It's important to send a very clear message that there is one rule of law in Quebec,' Charest told reporters. 'We are a very inclusive society, but a society that will govern itself according to one set of rules'." (Link 1)
- Elizabeth Kendal
Links
1) Quebec rejects introduction of Sharia law into legal system in the province
LES PERREAUX, QUEBEC (CP), 26 May 2005
http://news.yahoo.com/news?tmpl=story&u=/cpress/20050526/ca_pr_on_na/que_sharia_2
2) CCMW Welcomes Quebec motion on Sharia law. 27 May 2005
http://www.ccmw.com/ShariainCanada/CCMW%20news%20release_May%2027.pdf
3) Canadian Muslim women welcome rejection of sharia tribunals
By Khalid Hasan, 29 May 2005
http://www.dailytimes.com.pk/default.asp?page=story_29-5-2005_pg7_49
4) National Post: Quebec bans sharia
Blow to proponents of using Islamic law in Canadian society
Kevin Dougherty, with files from Mike de Souza, Elizabeth Thompson
and Lee Greenberg
CanWest News Service, 27 May 2005
http://www.canada.com/news/national/story.html?id=7d268ffa-8cc2-4272adaa-1fb780adad29
Showing posts with label Canada. Show all posts
Showing posts with label Canada. Show all posts
Thursday, June 2, 2005
Thursday, April 1, 2004
Anti-Semitism escalating in Canada
Date: Thursday 1 April 2004
Subj: Anti-Semitism escalating in Canada.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
While this report on anti-Semitism is centred around incidents in and material out of Canada, it really pertains to global anti-Semitism which has, in the words of a recent Canadian report, "taken root across the globe".
---------------------------------------------------------
ANTI-SEMITISM ESCALATING IN CANADA
---------------------------------------------------------
Every year since 1982, the League for Human Rights of B'nai Brith Canada has published the "Annual Audit of Antisemitic Incidents" which is "a summary and analysis of reported incidents of antisemitic vandalism and harassment." (Link 1)
The Audit of Antisemitic Incidents 2003 Introduction states:
The principal causes for concern are four-fold.
* First, it appears that ingrained prejudices based on traditional antisemitic stereotypes are re-surfacing.
* Second, antisemitic messaging is being imported into Canada from abroad, sometimes in the guise of anti-Israel propaganda, but more often in less subtle ways over the Internet or through foreign language ethnic publications.
* Third, there are indications of a cross-pollination between fringe elements in the far Right and in the far Left, which borrow freely from each other's imagery and rhetoric, as well as from the motifs of the rejectionist front of the Arab world.
* Finally, the greatest threat to the security of Jewish community institutions is no longer from the neo-Nazi groups as in the past, but rather from elements linked to international terrorist groups.
---------------------
The Annual Audit of Antisemitic Incidents 2003 was released in mid March 2004, just as a rash of anti-Semitic attacks left Canadians soul-searching. In a 23 March editorial comment in the Globe and Mail entitled "Anti-Semitism's stain" it was reported, "Two weekends in a row of anti-Jewish vandalism in the Toronto area have suddenly brought an age-old hatred into stomach-churning display. The vandalism has confronted the city with the problem of how to deal with a hatred that will not die.
"Vandalism falls short of physical violence, but there is a palpable threat in the sort of sinister graffiti, replete with swastikas, that were spray-painted onto the front doors or cars of 13 Jewish-owned homes, recognizable by the mezuzah, or sacred scroll, affixed to the house. This past weekend, 22 Jewish graves were desecrated, as were a synagogue, a Jewish school and even a clothing-donation box. One Jewish group says the scope of the vandalism suggests a planned campaign."
Also on 23 March, Toronto Star (http://www.thestar.com) Faith and Ethics reporter Leslie Scrivener quoted Mark Webber, co-director of the Canadian Centre for German and European Studies at York University, as saying that he believes the threshold of what is acceptable in conversation about Jews and Israel has been lowered. "It's more okay to be anti-Semitic - things that were perhaps thought 10 to 15 years ago are now said and done."
Lowering the bar on what is deemed unacceptable is not only immoral, it is exceedingly dangerous as the Globe and Mail editorial pointed out, "From 'polite' anti-Semitism to the ruder kind is no great distance."
The League for Human Rights of B'nai Brith Canada Annual Audit of Antisemitic Incidents 2003 reported the same trend. Not only has the incidence of anti-Semitic attacks doubled in the period between 2001-2003 (and this is estimated to represent around 10% of all cases as most go unreported), but increasingly, anti-Semitism is being tolerated.
Rochelle Wilner, National President of B'nai Brith Canada told Talon News, "[Over] the past few years, the bar has been raised on what victims themselves, as well as society in general, are prepared to tolerate. A process of desensitization, both within and outside the Jewish community, has meant that what was once seen as offensive and unacceptable is now being viewed as less serious and even routine. Visibly orthodox Jews in particular have come to view such harassment as inevitable." (Link 2)
On 23 March the Evangelical Fellowship of Canada released a statement condemning anti-Semitic attacks, and affirming "the dignity of all persons", "the biblical principles to love our neighbour and to affirm justice for all people" and the Biblical calling for Christians to be peacemakers.
--------------------------------
The Audit classifies anti-Semitic acts into three main categories - harassment (anti-Jewish propaganda, abuse and threats of violence), vandalism, and violence.
Violent attacks include that of "a visibly orthodox man who was viciously attacked with a hammer on the way home from synagogue" in Toronto in February 2003. He was not robbed, but he was left with brain injuries. Also in Toronto, in November 2003, "a series of anti-Semitic bullying episodes at a local public school targeting a Jewish student culminated in a physical assault against the victim." In Montreal "a visibly orthodox Jewish woman, returning from
synagogue, was beaten up by four men" in May 2003. Also in Montreal, "an elderly Jewish woman was beaten up in a park by two female teenagers of apparent Arab origin".
In the chapter entitled "The Context", the 2003 Audit details how anti-Semitism is occurring in several contexts, including "Right wing anti-Semitism", "Anti-Semitism of the Left", and "Global
Anti-Semitism", as well as in the media, on campuses, and in academia in general.
RIGHT-WING ANTI-SEMITISM
Canadian right-wing groups are rallying around the Holocaust denier Ernst Zundal, who was deported from USA to Canada in February 2003 and is presently battling with the courts in his efforts to achieve refugee status. The 2003 Audit reports, "Nazi symbolism was the predominant motif of the reported incidents of vandalism/graffiti in 2003." Hate propaganda messages such as "We the Aryan nations. Help rid Canada of the evil influence of the Jews", is disseminated through graffiti, literature and anonymous e-mail.
The Audit also reports that in 2003, there were four reports of "music hatefests" in Canada. "The Toronto Hate Crime Police Unit reports that 'organized hate groups maintained a presence throughout the year with at least three hate rock concerts and other activities.' In the same report, the Toronto police force also notes that 'web-based hate is very popular'.
"The US-based Anti-Defamation League (ADL) of B'nai Brith has reported that antisemitic and racist rock music is a major recruiting tool and source of funding for hate groups. It is estimated that extremist companies sell millions of dollars of hate rock CD's over the Internet. Canadians can easily purchase these CD's in the same way. Many hate group members have been drawn to White Supremacist ideologies by listening to hate rock on the Internet, on CD's and at concerts featuring groups such as Angry Aryans, Blue Eyed Devils and H8Machine, as well as the Canadian group Numbskulls.
"Web message boards run by neo-Nazi or White Supremacist groups, such as stormfront.org and its Canadian link, appear to be widely used, providing a key source of communication and recruitment."
The report concludes, "It is clear that extreme right wing groups are becoming more devious in their efforts to recruit widely and infiltrate popular culture. They take advantage of Canada's democratic traditions of free speech and expression, at the same time as they attempt to find new ways of skirting the law."
LEFT-WING ANTI-SEMITISM
The Audit reports that "anti-Jewish rhetoric [is] increasingly emanating from the far left. This trend points to a progressively radicalized anti-globalist movement joining forces with Marxist, anti-American, and anarchist elements to vilify the Jews as the root of all the world's problems.
"Evidence of this new breed of antisemitism is reflected in the findings, discussed earlier, of the European Union-commissioned report "Manifestations of Antisemitism in the EU" (link 3), which blamed the upsurge in anti-Jewish acts on European Muslims and the European far left. So disturbing were the EU's findings that its Monitoring Center on Racism and Xenophobia allegedly shelved the report when it found that Muslims and pro-Palestinian groups were implicated in many of the incidents.
"It should also be noted that the EU report documented high occurrences of extreme left-wing elements employing media and antisemitic stereotyping in their criticism of Israel to get their
antisemitic message across."
THE LEFT-RIGHT ALLIANCE
The 2003 Audit examines "the convergence between historically left wing and right wing opponents", made possible by their common hatred of Jews. This is illustrated with several examples. One trend noted is for anti-globalisation rallies to have "Palestinian flags flown alongside Marxist flags, as well as Israeli flags superimposed with swastikas. At these same rallies protesters carried coffins, which displayed photographs of U.S. President George W. Bush, and/or Israeli Prime Minister Ariel Sharon, and/or that of British Prime Minister Tony Blair. . Thus, seemingly disparate agendas fused into one seamless anti-Israel and anti-Jewish message."
Jim Hauser, reported on the League for Human Rights of B'nai Brith Canada Annual Audit of Antisemitic Incidents 2003 for Talon News. His article, entitled "Anti-Semitism on Rise in Canada" provides an excellent overview and analysis. (Link 2)
Hauser reports that the annual Audit of Antisemitic Incidents "indicates several disturbing trends including an increase in the number of 'hate rock concerts' featuring musicians espousing Nazi principles, an increase in incidents perpetrated by Canadians of Mid-East decent against Jewish citizens, and the apparent alliance between Nazi and Mid-Eastern groups in instigating orchestrated actions against Jews."
The EU report, "Manifestations of Antisemitism in the EU", also noted this contemporary Nazi-Arab alliance, commenting, "Since the end of the 1990s there has been a dramatic increase in the number of homepages present on the web from far-right groups and parties, which quite often also have ties to radical Islamic fundamentalists." (p 9)
The EU report also notes "Holocaust denial" thought, that plays a central role in European right-wing extremism and propaganda, becomes employable ideologically for radical Islamist groups in their struggle against Israel. "Here a learning process has taken place in which 'revisionist' thought has been adopted by some people in the Arab world." (p10)
Of course there is nothing new about the concept of a Nazi-Arab alliance. Nothing unites xenophobic white supremacists and Arab Islamists like their shared rabid hated of Jews. This of course was most eloquently depicted by the co-operative relationship between the Grand Mufti of Jerusalem, Haj Amin Al-Husseini (who was on the Nazi pay-role) and Adolf Hitler during the Holocaust.
GLOBAL ANTI-SEMITISM
Concerning Global Anti-Semitism the Audit comments, "The increasing instances of antisemitism worldwide do not occur in a vacuum, and are part and parcel of the prevailing global atmosphere that allows for such poisoned sentiment to take root.
"Today's antisemitism, characterized by its global resurgence, has spilled over into the social, political and cultural arenas of the world's nations. No longer merely a European phenomenon, antisemitism has, sadly, taken root across the globe."
- Elizabeth Kendal
Links
1) The League for Human Rights of B'nai Brith Canada
http://www.bnaibrith.ca/league/league.htm
2) Anti-Semitism on Rise in Canada
By Jim Hauser, Talon News, 17 March 2004
http://www.talonnews.com/news/2004/march/0317_canada_antisemitism.shtml
3) Manifestations of anti-Semitism in the European Union
First Semester 2002
Synthesis Report
Draft 20 February 2003
http://www.haaretzdaily.com/hasite/images/iht_daily/D281103/eu_anti_semitism_report.rtf
Subj: Anti-Semitism escalating in Canada.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
While this report on anti-Semitism is centred around incidents in and material out of Canada, it really pertains to global anti-Semitism which has, in the words of a recent Canadian report, "taken root across the globe".
---------------------------------------------------------
ANTI-SEMITISM ESCALATING IN CANADA
---------------------------------------------------------
Every year since 1982, the League for Human Rights of B'nai Brith Canada has published the "Annual Audit of Antisemitic Incidents" which is "a summary and analysis of reported incidents of antisemitic vandalism and harassment." (Link 1)
The Audit of Antisemitic Incidents 2003 Introduction states:
The principal causes for concern are four-fold.
* First, it appears that ingrained prejudices based on traditional antisemitic stereotypes are re-surfacing.
* Second, antisemitic messaging is being imported into Canada from abroad, sometimes in the guise of anti-Israel propaganda, but more often in less subtle ways over the Internet or through foreign language ethnic publications.
* Third, there are indications of a cross-pollination between fringe elements in the far Right and in the far Left, which borrow freely from each other's imagery and rhetoric, as well as from the motifs of the rejectionist front of the Arab world.
* Finally, the greatest threat to the security of Jewish community institutions is no longer from the neo-Nazi groups as in the past, but rather from elements linked to international terrorist groups.
---------------------
The Annual Audit of Antisemitic Incidents 2003 was released in mid March 2004, just as a rash of anti-Semitic attacks left Canadians soul-searching. In a 23 March editorial comment in the Globe and Mail entitled "Anti-Semitism's stain" it was reported, "Two weekends in a row of anti-Jewish vandalism in the Toronto area have suddenly brought an age-old hatred into stomach-churning display. The vandalism has confronted the city with the problem of how to deal with a hatred that will not die.
"Vandalism falls short of physical violence, but there is a palpable threat in the sort of sinister graffiti, replete with swastikas, that were spray-painted onto the front doors or cars of 13 Jewish-owned homes, recognizable by the mezuzah, or sacred scroll, affixed to the house. This past weekend, 22 Jewish graves were desecrated, as were a synagogue, a Jewish school and even a clothing-donation box. One Jewish group says the scope of the vandalism suggests a planned campaign."
Also on 23 March, Toronto Star (http://www.thestar.com) Faith and Ethics reporter Leslie Scrivener quoted Mark Webber, co-director of the Canadian Centre for German and European Studies at York University, as saying that he believes the threshold of what is acceptable in conversation about Jews and Israel has been lowered. "It's more okay to be anti-Semitic - things that were perhaps thought 10 to 15 years ago are now said and done."
Lowering the bar on what is deemed unacceptable is not only immoral, it is exceedingly dangerous as the Globe and Mail editorial pointed out, "From 'polite' anti-Semitism to the ruder kind is no great distance."
The League for Human Rights of B'nai Brith Canada Annual Audit of Antisemitic Incidents 2003 reported the same trend. Not only has the incidence of anti-Semitic attacks doubled in the period between 2001-2003 (and this is estimated to represent around 10% of all cases as most go unreported), but increasingly, anti-Semitism is being tolerated.
Rochelle Wilner, National President of B'nai Brith Canada told Talon News, "[Over] the past few years, the bar has been raised on what victims themselves, as well as society in general, are prepared to tolerate. A process of desensitization, both within and outside the Jewish community, has meant that what was once seen as offensive and unacceptable is now being viewed as less serious and even routine. Visibly orthodox Jews in particular have come to view such harassment as inevitable." (Link 2)
On 23 March the Evangelical Fellowship of Canada released a statement condemning anti-Semitic attacks, and affirming "the dignity of all persons", "the biblical principles to love our neighbour and to affirm justice for all people" and the Biblical calling for Christians to be peacemakers.
--------------------------------
The Audit classifies anti-Semitic acts into three main categories - harassment (anti-Jewish propaganda, abuse and threats of violence), vandalism, and violence.
Violent attacks include that of "a visibly orthodox man who was viciously attacked with a hammer on the way home from synagogue" in Toronto in February 2003. He was not robbed, but he was left with brain injuries. Also in Toronto, in November 2003, "a series of anti-Semitic bullying episodes at a local public school targeting a Jewish student culminated in a physical assault against the victim." In Montreal "a visibly orthodox Jewish woman, returning from
synagogue, was beaten up by four men" in May 2003. Also in Montreal, "an elderly Jewish woman was beaten up in a park by two female teenagers of apparent Arab origin".
In the chapter entitled "The Context", the 2003 Audit details how anti-Semitism is occurring in several contexts, including "Right wing anti-Semitism", "Anti-Semitism of the Left", and "Global
Anti-Semitism", as well as in the media, on campuses, and in academia in general.
RIGHT-WING ANTI-SEMITISM
Canadian right-wing groups are rallying around the Holocaust denier Ernst Zundal, who was deported from USA to Canada in February 2003 and is presently battling with the courts in his efforts to achieve refugee status. The 2003 Audit reports, "Nazi symbolism was the predominant motif of the reported incidents of vandalism/graffiti in 2003." Hate propaganda messages such as "We the Aryan nations. Help rid Canada of the evil influence of the Jews", is disseminated through graffiti, literature and anonymous e-mail.
The Audit also reports that in 2003, there were four reports of "music hatefests" in Canada. "The Toronto Hate Crime Police Unit reports that 'organized hate groups maintained a presence throughout the year with at least three hate rock concerts and other activities.' In the same report, the Toronto police force also notes that 'web-based hate is very popular'.
"The US-based Anti-Defamation League (ADL) of B'nai Brith has reported that antisemitic and racist rock music is a major recruiting tool and source of funding for hate groups. It is estimated that extremist companies sell millions of dollars of hate rock CD's over the Internet. Canadians can easily purchase these CD's in the same way. Many hate group members have been drawn to White Supremacist ideologies by listening to hate rock on the Internet, on CD's and at concerts featuring groups such as Angry Aryans, Blue Eyed Devils and H8Machine, as well as the Canadian group Numbskulls.
"Web message boards run by neo-Nazi or White Supremacist groups, such as stormfront.org and its Canadian link, appear to be widely used, providing a key source of communication and recruitment."
The report concludes, "It is clear that extreme right wing groups are becoming more devious in their efforts to recruit widely and infiltrate popular culture. They take advantage of Canada's democratic traditions of free speech and expression, at the same time as they attempt to find new ways of skirting the law."
LEFT-WING ANTI-SEMITISM
The Audit reports that "anti-Jewish rhetoric [is] increasingly emanating from the far left. This trend points to a progressively radicalized anti-globalist movement joining forces with Marxist, anti-American, and anarchist elements to vilify the Jews as the root of all the world's problems.
"Evidence of this new breed of antisemitism is reflected in the findings, discussed earlier, of the European Union-commissioned report "Manifestations of Antisemitism in the EU" (link 3), which blamed the upsurge in anti-Jewish acts on European Muslims and the European far left. So disturbing were the EU's findings that its Monitoring Center on Racism and Xenophobia allegedly shelved the report when it found that Muslims and pro-Palestinian groups were implicated in many of the incidents.
"It should also be noted that the EU report documented high occurrences of extreme left-wing elements employing media and antisemitic stereotyping in their criticism of Israel to get their
antisemitic message across."
THE LEFT-RIGHT ALLIANCE
The 2003 Audit examines "the convergence between historically left wing and right wing opponents", made possible by their common hatred of Jews. This is illustrated with several examples. One trend noted is for anti-globalisation rallies to have "Palestinian flags flown alongside Marxist flags, as well as Israeli flags superimposed with swastikas. At these same rallies protesters carried coffins, which displayed photographs of U.S. President George W. Bush, and/or Israeli Prime Minister Ariel Sharon, and/or that of British Prime Minister Tony Blair. . Thus, seemingly disparate agendas fused into one seamless anti-Israel and anti-Jewish message."
Jim Hauser, reported on the League for Human Rights of B'nai Brith Canada Annual Audit of Antisemitic Incidents 2003 for Talon News. His article, entitled "Anti-Semitism on Rise in Canada" provides an excellent overview and analysis. (Link 2)
Hauser reports that the annual Audit of Antisemitic Incidents "indicates several disturbing trends including an increase in the number of 'hate rock concerts' featuring musicians espousing Nazi principles, an increase in incidents perpetrated by Canadians of Mid-East decent against Jewish citizens, and the apparent alliance between Nazi and Mid-Eastern groups in instigating orchestrated actions against Jews."
The EU report, "Manifestations of Antisemitism in the EU", also noted this contemporary Nazi-Arab alliance, commenting, "Since the end of the 1990s there has been a dramatic increase in the number of homepages present on the web from far-right groups and parties, which quite often also have ties to radical Islamic fundamentalists." (p 9)
The EU report also notes "Holocaust denial" thought, that plays a central role in European right-wing extremism and propaganda, becomes employable ideologically for radical Islamist groups in their struggle against Israel. "Here a learning process has taken place in which 'revisionist' thought has been adopted by some people in the Arab world." (p10)
Of course there is nothing new about the concept of a Nazi-Arab alliance. Nothing unites xenophobic white supremacists and Arab Islamists like their shared rabid hated of Jews. This of course was most eloquently depicted by the co-operative relationship between the Grand Mufti of Jerusalem, Haj Amin Al-Husseini (who was on the Nazi pay-role) and Adolf Hitler during the Holocaust.
GLOBAL ANTI-SEMITISM
Concerning Global Anti-Semitism the Audit comments, "The increasing instances of antisemitism worldwide do not occur in a vacuum, and are part and parcel of the prevailing global atmosphere that allows for such poisoned sentiment to take root.
"Today's antisemitism, characterized by its global resurgence, has spilled over into the social, political and cultural arenas of the world's nations. No longer merely a European phenomenon, antisemitism has, sadly, taken root across the globe."
- Elizabeth Kendal
Links
1) The League for Human Rights of B'nai Brith Canada
http://www.bnaibrith.ca/league/league.htm
2) Anti-Semitism on Rise in Canada
By Jim Hauser, Talon News, 17 March 2004
http://www.talonnews.com/news/2004/march/0317_canada_antisemitism.shtml
3) Manifestations of anti-Semitism in the European Union
First Semester 2002
Synthesis Report
Draft 20 February 2003
http://www.haaretzdaily.com/hasite/images/iht_daily/D281103/eu_anti_semitism_report.rtf
Monday, December 15, 2003
Canada: Applying Shariah through Islamic arbitration.
Date: Monday 15 December 2003
Subj: Canada: Applying Shariah through Islamic arbitration.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
At a conference in Etobicoke, Ontario, Canada, in October 2003, Muslim delegates elected a 30-member council to establish the Islamic Institute of Civil Justice. The institute is classified in Islamic law as a Darul-Qada, or judicial tribunal. Its bylaws are scheduled to be drafted and approved by 31 December.
In an article by Judy Van Rhijn for the Vancouver Independent Media Center, Muslim barrister Syed Mumtaz Ali explains that in the past Canadian Muslims have been excused from applying Shariah in their legal disputes because it was impractical as there was no way to enforce decisions. However, amendments to the Arbitration Act have made it possible for Muslim committees to enforce settlements. "Now, once an arbitrator decides cases, it is final and binding," says Syed. "The parties can go to the local secular Canadian court asking that it be enforced. The court has no discretion in the matter. So, the concession given by Shariah is no longer available to us because the impracticality has been removed. In settling civil disputes, there is no choice indeed but to have an arbitration board." (Link 1)
This has raised many concerns for the religious freedom of Canada's Muslims and in particular, the rights of Canadian Muslim women.
Dr. Janet Epp Buckingham (B.A., LL.B., LL.D) is the Director, Law and Public Policy, and General Legal Counsel for the Evangelical Fellowship of Canada (EFC) Centre for Faith and Public Life. I asked her for a comment.
-----------------------------------------
ANALYSIS OF SHARIAH LAW IN CANADA
Dr. Janet Epp Buckingham (EFC link 5)
10 December 2003
The Law Times newspaper announced on 25 November 2003 that several Islamic groups were in the process of forming an arbitration council in Ontario that would allow Muslims to have their disputes decided in accordance with Shariah law. Under the Arbitration Act, 1991 in Ontario, the decision of an arbitrator may be enforced by the courts. This development has raised questions and concerns.
Under the Arbitration Act, 1991, people may make an agreement to have any disputes adjudicated by binding arbitration. They can set out the qualifications of the arbitrators and even indicate a particular arbitration group to which they agree. Arbitrators are given broad powers to decide their own jurisdiction and process. They may make any remedy available to a court. Under the Act, an arbitrator's award is enforceable through the courts as though it was a court order. In general, the court will not review or overturn an arbitration decision unless there is an error of law. Considering that the purpose of the Islamic arbitration board is to apply Shariah law, rather than the law of Canada, it is an open question at this point if the courts will overturn decisions that are not in accordance with Canadian law.
The most important pre-condition of the use of the Islamic Arbitration Board is that it is voluntary. It will only have jurisdiction if the parties agree to its use. It is quite possible that if an arbitration decision is not in accordance with Canadian law and one party appeals the decision, the courts would overturn the decision. This arbitration board is being set up under the current Arbitration Act; it is not new legislation that imports Shariah law into Canadian law for any purpose. It appears, therefore, that it will only be effective if the parties agree to it.
The Law Times article itself makes reference to a previous Islamic dispute resolution board that failed because Muslim women refused to make use of it. It therefore appears that Muslim women are aware of the impact of Shariah law on them. If they refuse to agree to this arbitration board, there is no way that they can be forced to be subject to it.
Some specific questions have been posed to me:
----
1. Will these lead to stoning of women for adultery?
The short answer is no. Any two "persons" (which includes corporations) may have their dispute decided by arbitration. Criminal law is not enforced through arbitration.
An arbitrator or board of arbitration may give any remedy that may be given by a court. This does not include remedies such as stoning or any other kind of physical remedy such as incarceration or physical punishment. In addition, the court can substitute a different remedy for that awarded by the arbitrator.
----
2. Does Canada have any law that would prevent a woman from being stoned under a ruling of a Muslim arbitrator?
The short answer is yes. An arbitrator does not have jurisdiction to give this kind of remedy. If it did, it could (and would) be overturned by a court. If someone tried to stone a woman subject to an arbitration decision, that person would be subject to the criminal laws of Canada that prohibit assault and battery.
----
3. Will Muslim women who convert to Christianity lose their children under this arbitration?
This poses the greatest concern. If a woman agrees to arbitration under an Islamic arbitrator either as part of a pre-nuptial agreement, or any other agreement, this can only be changed under the ordinary laws of contract. This means that this agreement will likely be binding (as it is very hard to change this kind of agreement).
On the positive side, the court does have jurisdiction to overturn an arbitration decision if it is "unfair" in law to one party. The courts in Canada are very sensitive to women's rights and it seems unlikely that courts would enforce arbitration awards that give women no rights (custody or access) with respect to their children.
----------------------------------------
RIGHTS SAFEGUARDED?
On 11 December, Workopolis, a Canadian Internet job site, ran an article entitled, "Islamic law in civil disputes raises questions." This article confirms that, "Under Ontario law, the courts must uphold the agreements as long as they are voluntary and negotiated through an arbitrator. The courts will not uphold the agreements if they violate Canada's Charter of Rights and Freedoms."
"Under Ontario's Arbitration Act, people enter into arbitration voluntarily, noted Brendan Crawley, a spokesman for the Ontario Ministry of the Attorney General. 'People can use any arbitrator they want and can use a religious framework if it is mutually acceptable,' he said. 'The Charter of Rights is the supreme law of Canada and the Arbitration Act is subject to it. If the award is not compatible with Canadian law, then the court will not enforce it. You can't agree to violate Canadian law.'" (Link 2)
Yet, as Dr. Janet Epp Buckingham's notes, "Considering that the purpose of the Islamic arbitration board is to apply Shariah law, rather than the law of Canada, it is an open question at this point if the courts will overturn decisions that are not in accordance with Canadian law."
Muslim lawyer Syed Mumtaz Ali says that Canadian Muslims are obliged to follow Sharia and the laws of Canada. "We have a double obligation," he says. "You don't have to be the wisest man to see there will be conflicts." (Link 3)
This is exactly the point. Canada will now have two potentially conflicting systems of law in operation. Now that Shariah has been given this legitimacy, will a Muslim (who is supposed to accept Shariah as the eternal law of Allah) dare contest the decision of a Shariah arbitrator through a secular court? Will the courts dare overturn a decision? If both Muslim parties voluntarily agree (or are "persuaded" to "voluntarily" agree) to abide by the dictates of the Shariah arbitrator and not contest the decision, do the courts have the right to intervene to preserve Canadian rights and values? The questions are endless.
MUSLIM WOMEN ANXIOUS
The Toronto Star ran an article on 12 December that noted the concern of Canada's Muslim women. "Alia Hogben, president of the Canadian Council of Muslim Women, expressed reservations about the arbitration committees. 'Who will represent the rights of women?' she asked from Kingston. 'We are gravely concerned because there are lots questions and we don't understand from the Canadian Muslim women's point why another system is being applied.' Since most Muslim women in Canada are religious, many may be persuaded to go to arbitration as part of their Islamic faith and identity, she said." (Link 4)
This concern (that Muslim women will be "persuaded" into Islamic Arbitration) is probably the most serious issue at present. This persuasion may come in the form of intense family or social pressure, or via prenuptial agreements.
In the Workopolis article (link 3) Muslim lawyer Syed Mumtaz Ali says that "Islamic family law would definitely not apply in child-custody cases," and that women may even use the tribunal to negotiate prenuptial agreements that allow them to initiate divorce proceedings without the permission of their husbands.
However, this is highly unlikely - it is difficult to imagine that the Shariah arbitrators will rule contrary to Shariah principles.
A DOOR TO SOCIAL DIVISION
This move can only open the door to social division and conflict. It will polarise Muslim and non-Muslim communities, and it will polarise the Muslim community (as Shariah does). Muslims who choose not to use the Shariah tribunals will doubtless be rejected and persecuted as rebellious or apostate. Muslims in Canada (especially Muslim women and Westernised Muslims) may find that they will lose - or be "persuaded" to abandon - their precious Canadian rights and freedoms.
- Elizabeth Kendal
Links
1) First steps taken for Islamic arbitration board
Vancouver Independent Media Center
By Judy Van Rhijn
http://vancouver.indymedia.org/news/2003/11/87502.php
2) Islamic law in civil disputes raises questions
Judicial tribunal based on sharia to decide disagreements among
Ontario Muslims. By Marina Jimenez, 11 December 2003
http://www.workopolis.com/servlet/Content/qprinter/20031211/SHARIA11
3) Canadian Muslims Press For Setting Up Shari'a Court
OTTAWA, Canada, 29 November 2003
http://www.islam-online.net/English/News/2003-11/29/article03.shtmlv
4) The Toronto Star, 12 Dec. 2003
New Islamic Institute set up for civil cases
System would reduce court time. Move worries Muslim women.
By Leslie Scrivener, Faith and Ethics Reporter
Go to the Toronto Star front page http://www.thestar.com and type
"Islamic institute" into the 14-day search.
5) Evangelical Fellowship of Canada
Centre for Faith and Public Life
websites: http://www.evangelicalfellowship.ca
http://www.religiousfreedom.ca
http://www.christianity.ca
Subj: Canada: Applying Shariah through Islamic arbitration.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
At a conference in Etobicoke, Ontario, Canada, in October 2003, Muslim delegates elected a 30-member council to establish the Islamic Institute of Civil Justice. The institute is classified in Islamic law as a Darul-Qada, or judicial tribunal. Its bylaws are scheduled to be drafted and approved by 31 December.
In an article by Judy Van Rhijn for the Vancouver Independent Media Center, Muslim barrister Syed Mumtaz Ali explains that in the past Canadian Muslims have been excused from applying Shariah in their legal disputes because it was impractical as there was no way to enforce decisions. However, amendments to the Arbitration Act have made it possible for Muslim committees to enforce settlements. "Now, once an arbitrator decides cases, it is final and binding," says Syed. "The parties can go to the local secular Canadian court asking that it be enforced. The court has no discretion in the matter. So, the concession given by Shariah is no longer available to us because the impracticality has been removed. In settling civil disputes, there is no choice indeed but to have an arbitration board." (Link 1)
This has raised many concerns for the religious freedom of Canada's Muslims and in particular, the rights of Canadian Muslim women.
Dr. Janet Epp Buckingham (B.A., LL.B., LL.D) is the Director, Law and Public Policy, and General Legal Counsel for the Evangelical Fellowship of Canada (EFC) Centre for Faith and Public Life. I asked her for a comment.
-----------------------------------------
ANALYSIS OF SHARIAH LAW IN CANADA
Dr. Janet Epp Buckingham (EFC link 5)
10 December 2003
The Law Times newspaper announced on 25 November 2003 that several Islamic groups were in the process of forming an arbitration council in Ontario that would allow Muslims to have their disputes decided in accordance with Shariah law. Under the Arbitration Act, 1991 in Ontario, the decision of an arbitrator may be enforced by the courts. This development has raised questions and concerns.
Under the Arbitration Act, 1991, people may make an agreement to have any disputes adjudicated by binding arbitration. They can set out the qualifications of the arbitrators and even indicate a particular arbitration group to which they agree. Arbitrators are given broad powers to decide their own jurisdiction and process. They may make any remedy available to a court. Under the Act, an arbitrator's award is enforceable through the courts as though it was a court order. In general, the court will not review or overturn an arbitration decision unless there is an error of law. Considering that the purpose of the Islamic arbitration board is to apply Shariah law, rather than the law of Canada, it is an open question at this point if the courts will overturn decisions that are not in accordance with Canadian law.
The most important pre-condition of the use of the Islamic Arbitration Board is that it is voluntary. It will only have jurisdiction if the parties agree to its use. It is quite possible that if an arbitration decision is not in accordance with Canadian law and one party appeals the decision, the courts would overturn the decision. This arbitration board is being set up under the current Arbitration Act; it is not new legislation that imports Shariah law into Canadian law for any purpose. It appears, therefore, that it will only be effective if the parties agree to it.
The Law Times article itself makes reference to a previous Islamic dispute resolution board that failed because Muslim women refused to make use of it. It therefore appears that Muslim women are aware of the impact of Shariah law on them. If they refuse to agree to this arbitration board, there is no way that they can be forced to be subject to it.
Some specific questions have been posed to me:
----
1. Will these lead to stoning of women for adultery?
The short answer is no. Any two "persons" (which includes corporations) may have their dispute decided by arbitration. Criminal law is not enforced through arbitration.
An arbitrator or board of arbitration may give any remedy that may be given by a court. This does not include remedies such as stoning or any other kind of physical remedy such as incarceration or physical punishment. In addition, the court can substitute a different remedy for that awarded by the arbitrator.
----
2. Does Canada have any law that would prevent a woman from being stoned under a ruling of a Muslim arbitrator?
The short answer is yes. An arbitrator does not have jurisdiction to give this kind of remedy. If it did, it could (and would) be overturned by a court. If someone tried to stone a woman subject to an arbitration decision, that person would be subject to the criminal laws of Canada that prohibit assault and battery.
----
3. Will Muslim women who convert to Christianity lose their children under this arbitration?
This poses the greatest concern. If a woman agrees to arbitration under an Islamic arbitrator either as part of a pre-nuptial agreement, or any other agreement, this can only be changed under the ordinary laws of contract. This means that this agreement will likely be binding (as it is very hard to change this kind of agreement).
On the positive side, the court does have jurisdiction to overturn an arbitration decision if it is "unfair" in law to one party. The courts in Canada are very sensitive to women's rights and it seems unlikely that courts would enforce arbitration awards that give women no rights (custody or access) with respect to their children.
----------------------------------------
RIGHTS SAFEGUARDED?
On 11 December, Workopolis, a Canadian Internet job site, ran an article entitled, "Islamic law in civil disputes raises questions." This article confirms that, "Under Ontario law, the courts must uphold the agreements as long as they are voluntary and negotiated through an arbitrator. The courts will not uphold the agreements if they violate Canada's Charter of Rights and Freedoms."
"Under Ontario's Arbitration Act, people enter into arbitration voluntarily, noted Brendan Crawley, a spokesman for the Ontario Ministry of the Attorney General. 'People can use any arbitrator they want and can use a religious framework if it is mutually acceptable,' he said. 'The Charter of Rights is the supreme law of Canada and the Arbitration Act is subject to it. If the award is not compatible with Canadian law, then the court will not enforce it. You can't agree to violate Canadian law.'" (Link 2)
Yet, as Dr. Janet Epp Buckingham's notes, "Considering that the purpose of the Islamic arbitration board is to apply Shariah law, rather than the law of Canada, it is an open question at this point if the courts will overturn decisions that are not in accordance with Canadian law."
Muslim lawyer Syed Mumtaz Ali says that Canadian Muslims are obliged to follow Sharia and the laws of Canada. "We have a double obligation," he says. "You don't have to be the wisest man to see there will be conflicts." (Link 3)
This is exactly the point. Canada will now have two potentially conflicting systems of law in operation. Now that Shariah has been given this legitimacy, will a Muslim (who is supposed to accept Shariah as the eternal law of Allah) dare contest the decision of a Shariah arbitrator through a secular court? Will the courts dare overturn a decision? If both Muslim parties voluntarily agree (or are "persuaded" to "voluntarily" agree) to abide by the dictates of the Shariah arbitrator and not contest the decision, do the courts have the right to intervene to preserve Canadian rights and values? The questions are endless.
MUSLIM WOMEN ANXIOUS
The Toronto Star ran an article on 12 December that noted the concern of Canada's Muslim women. "Alia Hogben, president of the Canadian Council of Muslim Women, expressed reservations about the arbitration committees. 'Who will represent the rights of women?' she asked from Kingston. 'We are gravely concerned because there are lots questions and we don't understand from the Canadian Muslim women's point why another system is being applied.' Since most Muslim women in Canada are religious, many may be persuaded to go to arbitration as part of their Islamic faith and identity, she said." (Link 4)
This concern (that Muslim women will be "persuaded" into Islamic Arbitration) is probably the most serious issue at present. This persuasion may come in the form of intense family or social pressure, or via prenuptial agreements.
In the Workopolis article (link 3) Muslim lawyer Syed Mumtaz Ali says that "Islamic family law would definitely not apply in child-custody cases," and that women may even use the tribunal to negotiate prenuptial agreements that allow them to initiate divorce proceedings without the permission of their husbands.
However, this is highly unlikely - it is difficult to imagine that the Shariah arbitrators will rule contrary to Shariah principles.
A DOOR TO SOCIAL DIVISION
This move can only open the door to social division and conflict. It will polarise Muslim and non-Muslim communities, and it will polarise the Muslim community (as Shariah does). Muslims who choose not to use the Shariah tribunals will doubtless be rejected and persecuted as rebellious or apostate. Muslims in Canada (especially Muslim women and Westernised Muslims) may find that they will lose - or be "persuaded" to abandon - their precious Canadian rights and freedoms.
- Elizabeth Kendal
Links
1) First steps taken for Islamic arbitration board
Vancouver Independent Media Center
By Judy Van Rhijn
http://vancouver.indymedia.org/news/2003/11/87502.php
2) Islamic law in civil disputes raises questions
Judicial tribunal based on sharia to decide disagreements among
Ontario Muslims. By Marina Jimenez, 11 December 2003
http://www.workopolis.com/servlet/Content/qprinter/20031211/SHARIA11
3) Canadian Muslims Press For Setting Up Shari'a Court
OTTAWA, Canada, 29 November 2003
http://www.islam-online.net/English/News/2003-11/29/article03.shtmlv
4) The Toronto Star, 12 Dec. 2003
New Islamic Institute set up for civil cases
System would reduce court time. Move worries Muslim women.
By Leslie Scrivener, Faith and Ethics Reporter
Go to the Toronto Star front page http://www.thestar.com and type
"Islamic institute" into the 14-day search.
5) Evangelical Fellowship of Canada
Centre for Faith and Public Life
websites: http://www.evangelicalfellowship.ca
http://www.religiousfreedom.ca
http://www.christianity.ca