Litigation could affect Canadian adoption laws
The ban on adoptions from Muslim countries is seen by many as discriminatory.
Canada's ban on adoptions from a number of Muslim countries has generated considerable debate and criticism in its time, and is now subject to a Federal Court review. The controversial decision, which has been in place since Canada suspended adoptions from Pakistan in 2013 based on Sharia law, now raises questions of discrimination and rights violations.
While the ban officially applied to Pakistan, the media has discovered its covert extension to other Muslim countries, including Iran, Sudan and others. In light of this, many legal scholars argue that such a policy is not only discriminatory, but also shifts the burden of proving the legitimacy of religious traditions to the families affected by the ban.
Who went to court?
The case now before the court centers on the story of a Toronto woman, Jameela Qadeer, who became the guardian of her three nephews after their mother died — back in Pakistan. Although she and the children wish to be together, Canada refuses to recognize their family ties, citing incompatibility between Pakistani and Canadian adoption laws.
Lawyer Warda Shazadi Meighen accuses Canadian law of discrimination because it refuses to recognize adoptions. The lawyer argues that not recognizing adoptions violates Canada's Charter of Rights and Freedoms, in particular the articles on equality of rights, freedom of religion and the right to security of the person.
Officials' response
The Pakistan High Commission in Ottawa is challenging claims that adoptions are impermissible under Pakistani law, while the Canadian federal government has promised to review the policy but has yet to provide details on the outcome of the review.
A court case could lead to the repeal of the current law and oblige parliament to create new legislation or find a different solution that includes revising the interpretation of the law. Qadeer, meanwhile, continues to maintain a long-distance relationship with her children, while her eldest nephew emphasizes the deep bond they share with her as an adoptive mother.
The Qadeer case and the upcoming court decision have the potential to be a precedent that could change the future of adoptions in Canada and strengthen family reunification rights despite religious and legal differences.
