Visiting Critic Studio 2006

Proposed Program: Alternative Court

While it seems historically appropriate to place a court within the Market and the appeal of such a court being more inviting to participation by the general public, I do not think that the Official Provincial Court is suited to or capable of providing this, at least not as a stand alone proposal.

Despite the freedom for anyone to participate/witness the proceedings within an Ontario Courthouse, few feel comfortable entering into the judicial realm. The intimidation which prevents the public from feeling they are free to participate is not simply a factor of the architectural expression. Often the severity of the architecture is most reflective of the social barrier.

A politically charged issue at the moment is the role religious/alternative courts play in the administration of law in Ontario. Last fall Premier Dalton McGuinty proclaimed "There will be no Sharia law in Ontario. There will be no religious arbitration in Ontario. There will be one law for all Ontarians," in response to Islamic groups trying to form a religious-court still permitted by Ontario law to act as arbitrators in matters of family law, the results of which are legally binding. Bill 27 is proposing to remove this right from all religious groups:

"Under the proposed legislation, no family law arbitration can be conducted under any other law or principle. Resolutions based on any other laws or principles would have no legal effect and would not constitute family arbitration. They would amount to advice only. Ontarians of course, as the Premier said, would continue to have the right to seek advice from any source, including religious advice in matters of the family. However, under the proposed legislation, such advice would not be enforceable by the courts."
-Hon. Michael Bryant (Attorney General), OLA, Nov 15, 2005

The Charter of Rights and Freedoms prevents the outright banning of religious forums, it is questionable whether the above restrictions is also an infringement and is likely to be put before the Supreme Court should the law pass. Regardless of the outcome of the Legislative Assembly's decision, religious and alternative courts fill the crucial gap that exists between many citizens and the official legal system.

I am proposing a "house of judgment" (the name used by the Jewish courts, beit din) or "people's court" as a venue for alternative dispute resolution as well as religious and inter-faith ceremonies. I hope this program will compliment and reinforce the potential for public participation in the courthouses being proposed by the other students in the studio.

posted by Sarah @ 8:47 p.m.