Canadian Judge in Marital Sexual Assault Case Places Islamic Practices Above Canadian Law

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“The man was part of an arranged marriage in Gaza. His wife, a Palestinian who grew up in Kuwait, lived in Ottawa and the family settled in this city.”

And these are the attitudes they brought with them: “Your wives are a place of sowing of seed for you, so come to your place of cultivation however you wish and put forth for yourselves. And fear Allah and know that you will meet Him. And give good tidings to the believers.” (Qur’an 2:223)

He’s not guilty according to Islam. In Islam, women are chattel and men can force their wives to have sex anytime. So apparently Canada is now a sharia state. It used to be that “ignorance of the law is no excuse.” No more. Now if you’re ignorant of the law, or pretend to be, and follow sharia instead, in Canada you will have no problem.

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“Canadian Judge in Marital Sexual Assault Case Places Cultural Practices Above the Law,” by Scott Newark, IPT News, November 8, 2017

Thanks to excellent reporting by Andrew Duffy of the Ottawa Citizen, Canadians recently learned of a disturbing decision from Ontario Superior Court Justice Robert Smith that acquitted a man of sexual assault against his former wife because the man and his then wife believed that their religion and culture entitled him to have sex with her whether she consented or not.

The decision is especially alarming as it is based on a presumption that Canada’s clear criminal law that requires actual consent to sexual contact is somehow superseded by a cultural or religious belief. Further, the ruling undermines specific protections enacted in Canadian law that protect women, including those who are married, from non-consensual sexual contact.

The ruling also ignores the long standing Canadian legal principle that ignorance of the law is not a criminal defense. In summary, the ruling appears to place religious and cultural beliefs above the laws of Canada.

The identities of the people involved are withheld under Canadian law, ironically to protect the victims, but the rationale for the decision is discernible and can be commented on which is what Andrew Duffy’s column carefully did. In essence, the judge concluded that although the sexual contact was done without the wife’s actual consent, the Crown had failed to prove that the accused had the required criminal intent (mens rea) because of the religious cultural belief he possessed.

His wife was a Palestinian Muslim who came to Canada in 1989 with her parents at age 19. Three years later, she entered into an arranged, but not forced, marriage in Gaza with a man who was also a Palestinian Muslim. The newlyweds returned to Canada and started a family.

Justice Smith concluded that both the accused and victim believed that under their religion and culture, the wife was obliged to have sex with her husband when he wanted, regardless of whether she agreed.

“I find that the accused probably had sex with his wife on many occasions without her specific consent,” Smith said, “as both he and she believed that he had the right to do so.”

The incident that was the basis of the charge occurred in 2002. The wife said that her husband grabbed her by the wrist, pulled her onto the couch, pulled down her pants and had sex with her even though she asked him three separate times to stop. She testified that she only learned that this was a crime in Canada in 2013 after the marriage ended and she spoke with police about child access issues when she revealed details of their past marriage. Based on that information, the police laid the sexual assault charge and the Crown Prosecutor’s office agreed it should proceed to trial.

The husband denied the allegations, but the judge expressly said he disbelieved his evidence, while he believed the wife’s evidence who he found credible as a witness who gave straightforward answers. Conversely, he found the accused to be argumentative and evasive as a witness, and he rejected his account as not believable.

The decision is remarkably brief, and it fails to address existing Canadian criminal law which expressly requires consent for sexual contact (s.273.1) and defines circumstances where consent does not exist including:

(c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;

(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity;

Further, the ruling does not address s. 278 of the Criminal Code which specifically requires sexual consent from a spouse.

The judge does not address or even mention the s.19 ignorance of the law is no excuse issue and simply concluded that the Crown had failed to prove the husband’s criminal intent. So even though he believed the wife, he dismissed the charge against the ex-husband.

The judge seems to have concluded that ignorance of applicable Canadian law, or a belief that a religious or cultural practice supersedes secular criminal law, is a defense to what is the clear crime of sexual assault.

His failure to consider existing relevant Criminal Code provisions is further grounds for an appeal, as ignoring the law is also not acceptable judicial conduct.

The question that now needs to be asked is whether the Provincial Crown (which has jurisdiction) will appeal this decision to confirm that Canadian secular law, which prohibits sexual contact without consent, including for married women, prevails over a cultural or religious practice that mandates a woman’s consent to sex as a condition of marriage.

And will our self-described feminist federal government urge its provincial counterpart to launch this important appeal with the full support of the federal Crown as an intervenor in the case?

Justice Smith made his ruling Oct. 17. That means the attorney general has about a week to lift the cone of silence on this important ruling and announce the filing of an appeal on behalf of the people of Ontario, and indeed Canada, to confirm that the secular law of Canada still applies to all residents of our country.

Scott Newark is a former Alberta Crown Prosecutor who has also served as Executive Officer of the Canadian Police Association, Vice Chair of the Ontario Office for Victims of Crime, Director of Operations for Investigative Project on Terrorism and as a Security Policy Advisor to the governments of Ontario and Canada. He is currently an Adjunct Professor in the TRSS Program in the School of Criminology at Simon Fraser University.

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Suresh
Suresh
6 years ago

Left/Liberal pro-jihadis will sell out the country to jihadis if they had their way. Just like the Leftists Pope who is now calling for more immigrants http://tinyurl.com/popeofwolves .

…….Like a shepherd who wants the sheeps to stop protesting against jihadi wolves attacking them and be open hearted to let the wolves come in !

Mark Langford
Mark Langford
6 years ago

Ignorance of the law is not a defense.

Mahou Shoujo
Mahou Shoujo
6 years ago

This is a disgrace to Canada, another brought to the Canadian people by imam trudeau. It will be necessary to do a great deal of house cleaning to rid Canada and the world from the filth that is being tracked in by muslim colonists.

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  Mahou Shoujo

I have a great idea. You know those huge oil tankers that haul oil from the Mid-East to North America? Load them up w/f’ing muslums for their return trips!

Mahou Shoujo
Mahou Shoujo
6 years ago
Reply to  IzlamIsTyranny

That would be a good idea, the tanks should be swabbed out every once in a while. muslims provide their won rags.

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  Mahou Shoujo

What if JP offered to buy you and your whole family back from Canadastan? Would you consider it?

Mahou Shoujo
Mahou Shoujo
6 years ago
Reply to  IzlamIsTyranny

No, I like it here just fine.

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  Mahou Shoujo

The future across North America is hardly looking bright.

Mahou Shoujo
Mahou Shoujo
6 years ago
Reply to  IzlamIsTyranny

It will get better.

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  Mahou Shoujo

Would you advise anyone from JP to move anywhere in N. America?

Mahou Shoujo
Mahou Shoujo
6 years ago
Reply to  IzlamIsTyranny

Yes, so long as they understand how things are different in North America. Probably not too may people all that interested, Japanese know when they have it good, they do not need to flee from persecution.

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  Mahou Shoujo

You might want to tell them that Southern Caliphornia isn’t a good place to relocate to anymore — unless they enjoy astronomical crime rates, corrupt government officials, excessive taxation of every type (property tax, sales tax and income tax), gang-controlled neighborhoods and traffic gridlock.

Mahou Shoujo
Mahou Shoujo
6 years ago
Reply to  IzlamIsTyranny

That is not an environment conducive to attracting civilized people.

Achmed
Achmed
6 years ago
Reply to  Mahou Shoujo

What is “Canada”? I am familiar with The New Sweden, right across Lake Erie from one of my properties. I have vague memories of once hearing about “Canada”. What is it?

Mahou Shoujo
Mahou Shoujo
6 years ago
Reply to  Achmed

A mythical land of indifference, that like Atlantis, has never been found, but often alluded to.

Mahou Shoujo
Mahou Shoujo
6 years ago

Where are the useless as boobs on a boar feminists? Out proclaiming that shariah law is not oppressive to women, that Canadians have nothing to fear from shariah. What a crock of fecal fertilizer. Here are a few points about shariah that every woman should give some serious thought to.

• A Muslim will not be subject to retaliation (prosecution) if he kills an apostate, since it is someone who deserves to die.

• Parents and grandparents will not be prosecuted for killing their offspring or offspring’s offspring. This law is significant to getting those who honor kill off the hook.

• A Muslim will not be executed for killing a kaffir (non-Muslim).

• It is obligatory for a Muslim to lie if the purpose is obligatory, such as fulfilling Allah’s commandments of jihad.

• Slander and exaggeration is allowed if the purpose is lawful. No guilt or shame should be associated with slander of the perceived enemy, and if it is for protecting Islam and for the benefit of Muslims.

• Sharia has no respect for sovereignty of other nations and non-Muslims, because of the doctrine of jihad, defined as “to war against non-Muslims to establish the religion.”

• It is a capital (enormity) crime for any Muslim who chooses to “Not perform jihad or flee from combat with (kaffir) unbelievers.”

• It is the duty of every Muslim head of state (Caliph) to wage jihadist wars against non-Muslim nations, especially neighboring ones. Muslim Caliphs who refuse jihad are in violation of Sharia and unfit to rule.

• A Caliph could hold office through seizure of power meaning through force.

• A Caliph is immune (Maasum), exempt, from charges of murder, adultery, robbery, theft, drinking, and in some cases of rape.

• A manmade government (legal system), such as democracy, is an abomination and must be eliminated.

• A percentage of Zakat (alms) must go towards jihad.

• It is obligatory to obey the commands of the Caliph even if he is unjust.

• A caliph must be Muslim, not a slave, and male.

• The Muslim public must remove the Caliph if he rejects Islam or refuses to rule by Sharia.

• A non-Muslim cannot inherit from a Muslim.

• No testimony in court is acceptable from people of low-level jobs, such as street sweepers or bathhouse attendants. Women in low-level jobs are not awarded custody of children in case of divorce.

• A non-Muslim cannot rule, even over a non-Muslim minority.

• Homosexuality is punishable by death.

• Women are forbidden from becoming president or judge.

• There is no age limit for marriage of girls. The marriage contract at any age after birth and consummation of marriage at age 8 or 9.

• A husband has the right to beat his wife and does not have to say why to her family or police.

• Rebelliousness on the part of the wife nullifies the husband’s obligation to support her, gives him permission to beat her and keep her from leaving the home.

• Divorce is only in the hands of the husband and is as easy as saying: “I divorce you,” and is effective even if the husband says he did not intend it.

• A wife has no right to divorce her husband, even if he is polygamous, with additional wives.

• A man is allowed to have sex with slave women and women captured in battle, and if the enslaved woman is married, her marriage is annulled.

• There is no community property between a husband and his wife/wives.

• A woman inherits half what a man inherits.

• Parents have the legal right to perform female genital mutilation on minor daughters.

• A man must pay the woman dowry to be given in exchange for his right to her sexual organs.

• A rapist may only be required to pay money (dowry) without marrying the rape victim.

• A man is allowed to have sex with slave women and women captured in battle, and if the enslaved woman is married her marriage is annulled.

• A woman’s testimony in court is half the value of a man.

• A woman loses custody of her children if she remarries.

• To prove rape a woman must have four male witnesses.

• A woman must cover every inch of her body, which is considered awrah (a sexual organ). Exposing face is allowed by most, but not all Sharia schools.

• A Muslim man will not be prosecuted if he kills his wife if caught in the act of adultery. However, the opposite is not true since husband “could be married to the woman he was caught with.” Thus loyalty is only expected from wife, and not the husband.

• Free speech is unprotected and harshly punished if it involves any criticism of Muhammad, Islam or Sharia itself. Both Muslim and non-Muslim critics of Muhammad will be executed even if they repent.

• The banking system must be Sharia-compliant.

• A government must rule by Sharia and a Muslim head of state.

All of the above laws (except number 8, which is not Shafi’i) are mainstream Sharia. They are all found in the Shafi’i book Reliance of the Traveler,

Marlena VanHelsing
Marlena VanHelsing
6 years ago
Reply to  Mahou Shoujo

I am sharing this everywhere…thank you

Mahou Shoujo
Mahou Shoujo
6 years ago

Hope it helps inform a few people about what shariah is all about.

Dorothy
Dorothy
6 years ago

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David Glynn
David Glynn
6 years ago
Reply to  Mahou Shoujo

Excellent!!! Thanks for going to the trouble of listing this vile document.
PROSCRIBE ISLAM IN CANADA!

RslL
RslL
6 years ago
Reply to  Mahou Shoujo

They are defending the right of muzzie men to make their wives & female relatives wear head covers & tents. . you know- so they are not embarassed by the the bruises the men inflict on them while using their plows to plant their seeds. . .

Kris
Kris
6 years ago

This sets a sad precedent for people in Canada.

Patrick Leary
Patrick Leary
6 years ago

Where’s Justin Trudeau on this? Head int he sand? World travel? Getting a bubblectomy?

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  Patrick Leary

Looking for some 9 year old girls to round out his string of islamically mandated 4 wives.

RslL
RslL
6 years ago
Reply to  Patrick Leary

Well if Female Genital Mutilation & honor killings are not barbaric, what does a little rape matter. .

IzlamIsTyranny
IzlamIsTyranny
6 years ago

So instead of date night muslum married couples have rape night?

Nabi Rasch
Nabi Rasch
6 years ago

Yet another disturbing reminder that a legal system gone awry, politicized and responsible only to the caprices of lawyers and judges, lacking citizen oversight but judging everything can absolutely destroy a country.

Marlena VanHelsing
Marlena VanHelsing
6 years ago

As you can see…. worldwide…every known cockroach is crawling out into the open and spewing its poison into society from Pedophiles in Kindergarten to liberal ass kissers in high courts.This festering evil virus that is running through society is quickly becoming very toxic to any remaining peace loving honest people…who are being constantly bombarded with sick and corrupted news wherever they turn.The whole world is like a rotting swollen puss filled boil that is about to burst…Society simply cannot heal until all the liberal rubbish and social media trash exhausts itself….

Alleged-Comment
Alleged-Comment
6 years ago

THIS is what happens when you UNHINGE yourself from your Christianity, your history. You BECOME like them. You are no longer special. or special to your G*d,

Now you will lose your protection. You will spiral yourself to dizzying lows and not exhilarating highs no more. Everything you touch will no longer become gold, but lead. A sign of your burden you have become to your G*d.

So he will scatter you, some will become slaves, others will be hunted down, many will starve and die of disease, so Yahuah will not see your FACE anymore.

conan_drum
conan_drum
6 years ago

This sends a message to Muslim women, do not bother complaining to the authorities. Judges will not give you
justice

dad1927
dad1927
6 years ago
NonIslmophobicAthiestPedoHater
NonIslmophobicAthiestPedoHater
6 years ago
Reply to  dad1927

Canada has Justy Turdreu we don’t requiore her, thanks any way.i

IzlamIsTyranny
IzlamIsTyranny
6 years ago
Reply to  dad1927

I remember back when the 0mahdi was shoe-in I was pulling for Shillariah to win, but now I’m not so sure she wouldn’t have been worse.

James Stamulis
James Stamulis
6 years ago

Liberals are incredible traitors and cowards.

David Glynn
David Glynn
6 years ago

PROSCRIBE ISLAM IN CANADA!

NonIslmophobicAthiestPedoHater
NonIslmophobicAthiestPedoHater
6 years ago

I really believe that the time has come to actually separate any and all religon from contaminatiating laws that are designed to punish cruel acts against human beings when said law’s are being wrote down.

If a law states what the definition of murder is and some one does it close to the definition set out as law they are then guilty. Let them pray in prison or directly face to face with what ever trhey call their god.Murder-death of a victim deserves the same penalty-death. Guillotine is quick,easily built and final. There is also little pain from needles or chemicals to hurt the poor bad person before killing the deserving creep.

RAPE = UNWANTED ,FORCED SEX which should have as a minimum consequence, Casteration. BUT
If death or injury occurs because of the act of force then the murder sentence automatically takes presedence.
No majot injury, except trauma, sentance could be 50-75 years in prison.

Shiney Pony and his Libtards can even rename it and call it Justice, after the preener minister.

Jacinte Lamothe
Jacinte Lamothe
6 years ago

The important point of this is: what are the laws of the country where this incident took place. That is all the judge needs to know. My understanding is that the incident took place in Ottawa, therefore Canadian Law has to apply. Wherever you are those are the laws that have to apply. So Judge Smith is a little short of knowledge in this case and will have to be directed accordingly. He has misunderstood the application of the law. This case will have to be appealed.

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