Wednesday, November 2, 2005
Statements by Ministers

SPEAKER: The honourable Minister of Justice.

HON. MICHAEL BAKER: Mr. Speaker, I have a brief statement to advise members of a meeting held recently with the Maritime Secular Legal Network Association. The association had expressed concern about recent events in Ontario. In that province there has been considerable controversy over the issue of faith-based arbitration in family matters. In Ontario, the law currently gives people an option to use voluntary faith-based arbitration. However, the Ontario Government has recently announced that it intends to prohibit the use of faith-based arbitration to resolve family law matters. All of our citizens need to be assured of the guarantees of equality contained within the Charter of Rights and Freedoms. In very difficult family situations, in particular, we need to be assured that settlements respect the rights of all of those involved. We believe that all binding decisions in family law must be consistent with the laws of Canada and of Nova Scotia.

I have therefore asked my staff to consider whether any amendments are needed to the laws of this province to ensure that faith-based arbitration cannot be used to prejudice the rights of anyone involved in family law matters. If so, I will be pleased to bring those amendments forward at the earliest opportunity. I know that the Uniform Law Conference of Canada is studying this particular issue and it is expected to issue a report next Summer with recommendations for legislative change. We will certainly want to take advantage of the research and discussion that is taking place at a national level in looking at any possible legislative initiative. I will have staff provide a copy of today's Hansard to the Maritime Secular Legal Network Association so its members can have the formal record of my statement and the comments of members opposite.

MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.

MR. KEVIN DEVEAUX (NDP): Mr. Speaker, briefly in response to the minister, I appreciate the statement. I think it will do a lot with regard to resolving any issues people have. It is important that the Charter of Rights and the laws of Nova Scotia and Canada, with regard to our pluralistic society and our democratic values, be reflected in any decisions made with regard to how we mediate and deal with family law matters particularly.

I do want to say in the past year I've had opportunities to do some travelling to some places where it is - Islamic countries. It has been very interesting to see that the Koran, which obviously was the beginning of where this all started in Ontario, it's not so black and white. The issue is not necessarily as clear-cut as it may be perceived by us in the West. There are certain values that are promoted in the Koran that may be different than ours, but not necessarily violate our democratic or Charter of Rights activities.

Mr. Speaker, I will be very interested to see how this process follows in the next year and how we're able to reflect in a multi-cultural society the religious beliefs of our citizens while at the same time respecting the Charter of Rights.

MR. SPEAKER: The honourable member for Cape Breton South.

MR. MANNING MACDONALD (LIB): Mr. Speaker, on behalf of our Justice Critic, I want to thank the minister for an advance copy of his statement. It's important that laws in Canada are uniform and are applied equally to all citizens. Now, we agree with that principle. Of course, any changes to law will be considered by this House so I thank the minister for telling us what is being worked on by his staff with regard to religious arbitration.