SALCO - Who, If, When to Marry -The Incidence of Forced Marriage in Ontario (Sep 2013)

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WHAT / WHY / WHO:FORCED MARRIAGEIN CANADAForced/non-consensual marriage is a form of domestic violence and a global humanrights issue. FM is characterized by coercion, where individuals are forced to marryagainst their will, under duress and/or without full, free and informed consent fromboth parties. Men and women of all ages, from varied cultural, religious and socioeconomicbackgrounds experience FM. 2 FM and arranged marriage are oftenmistakenly conflated. While arranged marriage has the full, free, and informedconsent of both parties who are getting married, FM does not – Lack of consent isthe critical distinguishing factor in a forced marriage.The reasons for FM are multifaceted and can often include a person’s religious orcultural beliefs, socio-economic status and/or security, preservation of heritage,immigration status and pressure from the community. 3FM victims come from varied backgrounds, communities, cultures, ages, religions,etc. 4 In addition to the continued coercion, the FM victims also face long-termconsequences such as isolation, estrangement or strained relationships with family,and health concerns including depression and anxiety. Individuals who experience orare threatened with an impending FM are also more vulnerable to domestic violence. 52 Forced/non-consensual marriages: a toolkit for service providers (2010, p. 13).3 Forced marriages and gaps in services: interview with Deepa Mattoo (2012).4 See pages 9-19 of this report.5 Forced/non-consensual marriages: a toolkit for service providers (2010).4
FORCED MARRIAGE:LEGISLATION IN CANADA“…[S]o far the issue of forced marriage has not yet been formally addressedin Canada, but various provisions in family law, immigration law, andcriminal law identify scenarios related to potential consequences ofmarriage without consent.” 6Canada is also a signatory to several international consensus documents includingthe Universal Declaration of Human Rights, the Convention on the Elimination of AllForms of Discrimination against Women and Convention on the Rights of the Child 7 .However, Canada has not signed or ratified the Convention on Consent to Marriage,Minimum Age for Marriage and Registration of Marriages 8 and has no domesticlegislation specific to FM. As the national courts of any country are not legally boundby international documents 9 , mere recognition of international conventions andtreaties does not provide adequate protection against FM.FM is, however, now on the federal government’s radar as the Department of JusticeCanada and the Department of Foreign Affairs and International Trade (“DFAIT”) haveboth recently recognized the issue’s significance in Canada and internationally.Department of Justice Canada has recently created a working group on FM in relationto international law. It has also held several sector specific workshops in the past fewyears and has been working with other stakeholders to create training materials onFM. 10 The Department of Foreign Affairs and International Trade now has a workingdefinition of FM and a FM Working Group that is in the process of developing policyand standard procedures for consular staff. 116 Forced (non-consensual) marriage: a South Asian Canadian context (2012, p. 418).7 For a complete list of international treaties and international consensusdocuments, please see Annotated bibliography on comparative andinternational law relating to forced marriage (2007, p. 10-17).8 Annotated bibliography on comparative and international law relating to forced marriage (2007, p. 11).9 Annotated bibliography on comparative and international law relating to forced marriage (2007, p. 10).10 Conference report: forced marriage conference (October 2012) (p. 2).11 Conference report: forced marriage conference (October 2012) (p. 2).5
Page 1 and 2: South Asian Legal Clinic of Ontario
Page 3 and 4: ACKNOWLEDGEMENTSSALCO would like to
Page 5: TABLE OF CONTENTSIntroduction 1Hist
Page 9: HISTORY OF SALCO’SFORCED MARRIAGE
Page 14 and 15: CASESTUDYRicky was born and raised
Page 16 and 17: 2 AgeThe survey found that the majo
Page 18 and 19: 4Citizenshipand Length of Time in C
Page 20 and 21: There was no measure included in th
Page 22 and 23: 9Perpetrators of Forced MarriageFro
Page 24 and 25: individual get a job (so the person
Page 26 and 27: the situation or fled. Although all
Page 28 and 29: Another significant challenge noted
Page 30 and 31: CASESTUDYEver since Nina turned 16,
Page 32 and 33: RISK ASSESMENTRecommendation #3: De
Page 34 and 35: Recommendation #8: Better protectio
Page 36 and 37: WORKS CITEDBuckeridge, J. (2012, Au
Page 38 and 39: 2% 1% 1%Figure 1: Age of Individual
Page 40 and 41: 15%15%2% 3%Figure 5: Level of Educa
Page 42 and 43: 13%1%4%11%Figure 9: Level of Educat
Page 44 and 45: INFORMATION AND CONSENT FORMThis is
Page 46 and 47: Level of education:High School Dipl
Page 48 and 49: APPENDIX CInterview Questions42
Page 50: APPENDIX DConference Report44

SALCO - Who, If, When to Marry -The Incidence of Forced Marriage in Ontario (Sep 2013)

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