1. Religious Accommodation in Canada“Shaping Canadian Identity: Middle Eastern Influences” Omar Ha-Redeye March 19, 2008
2. Historical backdrop of tolerance Landmarks in religious accommodations Flash points Bouchard/Taylor Commission Specific fears Conclusions Overview
3. French population considered invaluable during Confederation Large population base Geographic continuity Required compromise of British/Anglican framework; foundation of Canadian Multiculturalism French language rights Catholic concessions Canadian Tolerance
4. Roncarelli v. Duplessi(1959) Jehovah’s Witness and Attorney General of Quebec religious minority v. French Catholic minority SyndicatNorthcrest v. Amselem(2004) Sukkahon balconies in Montreal Religious beliefs v. private building rules Bruker v. Marcovitz(2007) Religious marriage contract Binding on person who rejected belief Landmarks in Religious Accommodation
5. Asmahan (Azzy) Mansour, soccer hijab International Football Association Board Law 4:"a player must not use equipment or wear anything that is dangerous to himself or any other player (including any kind of jewellery)“ FIFA games, women still wear hijab in Ontario, British Columbia, Australia, United States, Middle East; no safety risk demonstrated Montreal YMCA frosted glass Paid for by synagogue across the street Voluntarily agreed to by YMCA Publically protested, taken down Flash Points on Accommodation
22. Government should publically challenge expressions of racism “Accommodation and Differences. Seeking Common Ground: Quebecers Speak Out.” Brief presented by B’nai Brith Canada – Québec Region Response by B’nai Brith
23. losing “our” values spread of atheism pluralistic families perceived lack of social cohesion Specific Fears
24. Already here Not wanted Not what you think What About Shari’ahin Canada?
25.
26. Adopted jury system, action of debt, assize of novel deissisinJohn Makdisi, former Dean and Professor of Law, Loyola University New Orleans School of Law;The Islamic Origins of the Common Law, 77 N.C.L. Rev. 1635 1072
27. Concept of citizenship in Islam, even under non-Muslim rule “It is necessary upon a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.” (Sahih al-Bukhari, no. 2796 & SunanTirmidhi) No distinction between obedience to Muslim or non-Muslim ruler, as long as it does not infringe on religious rights Not Wanted
28. Immense distinction between criminal and civil elements of Shari’ah Female Genital Mutilation (FGM) Honour Killings Both are cultural practices predating Islam, common among non-Muslim populations in the mid-East as well Strongly discouraged unanimously by accredited religious establishment Not What you Think
29.
30. Should result in greater cooperation, reciprocity in Canadian context
Ironically, rather than developing a legal formula to deal with issues of reasonable accommodation, the commission’s work to date promotes majoritarian values and predictably will result in diminished accommodation for minority religious beliefs and practices.