2004:01EI PROTECTING FAMILY LAW
Whereas the Canadian Charter of Rights and Freedoms protects the equality of women before the law, and Canada has ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW); and
Whereas the laws of Canada and the provinces have been duly passed by democratically elected governments and (apart from certain Aboriginal laws which are recognized under duly-negotiated treaty rights predating the existence of Canada itself) must be recognized as the only laws of the land, there being no authority above these laws; and
Whereas it has been proposed that "Shariah Law" be adopted in Canada for dealing with family law cases; and
Whereas under "Shariah Law," binding arbitration would rule on such matters as dissolving marriage, ownership of property, spousal maintenance, child custody, child support, such arbitration would undermine the rights of women and children as they presently exist in federal and provincial Law; and
Whereas a Muslim woman choosing to opt out of "Shariah Law" may be considered guilty of blasphemy and apostasy, and subjected to coercion and intimidation by her community; and
Whereas the Alternative Dispute Resolution was introduced for a variety of reasons, one of which was as a means to save court time and costs: therefore be it
Resolved that the National Council of Women of Canada (NCWC) adopt as policy:
a. That equality for women, embedded in the Canadian Charter of Rights and Freedoms and the Convention on the Elimination of all Forms of Discrimination Against Women, be respected in Family Law;
b. That binding arbitration be rejected for Family Law disputes; and
c. That no alternative systems for resolving family law disputes be allowed to compromise the rights of women and children as they presently exist in Federal, Provincial, and Territorial Law; and
d. The need to find savings in court time and court costs should not compromise the rights of women and children; and be it further
Resolved that the National Council of Women of Canada (NCWC) urge the Government of Canada to:
a. Respect equality for women embedded in the Canadian Charter of Rights and Freedoms and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW);
b. Reject any form of binding arbitration in Family Law;
c. Ensure that no alternative systems for resolving family law disputes be allowed to compromise the rights of women and children as they presently exist in Federal, Provincial, and Territorial Law;
d. Investigate and implement ways to save court time and costs without compromising the rights of women and children; and be it further
Resolved that the National Council of Women of Canada (NCWC) urge all Provincial Councils of Women to urge their respective governments to:
a. Respect equality for women embedded in the Canadian Charter of Rights and Freedoms and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW);
b. Reject any form of binding arbitration in Family Law;
c. Ensure that no alternative systems for resolving family law disputes be allowed to compromise the rights of women and children as they presently exist in Federal, Provincial, and Territorial Law;
d. Investigate and implement ways to save court time and costs without compromising the rights of women and children.