While most popular culture images of exorcisms arose from the 1973 move called “The Exorcist” starring Linda Blair as the demonic child, interest continues with widely-disseminated stories of Catholic priests performing exorcisms.  The most famous appears to be a quite elderly priest known as Gabriele Amorth who has written two books on the subject and claims to have performed tens of thousands of exorcisms per year.  However, it appears he is not a Vatican official and does not carry out his activities under the Pope or under Vatican license.

Exorcisms in the Islamic world appear to be much less popularly known in Canada and the United States, though such exorcism services are becoming more widely available in North America.

As my Imam client explained to me, there are generally three sub-categories of “exorcism” that he is usually called upon to deal with: (1) Evil Eye; (2) Black Magic; and (3) Jinn.

Sub-categories 1 and 2 have similar equivalents in most other religions and cultures, including those in the West.

In fact, as an aside, fraudulently pretending to exercise witchcraft, sorcery, enchantment or conjuration is apparently a summary conviction offence under the Criminal Code.  A 2009 victim of such a practitioner of the Dark Arts, turned out to be a lawyer, of all people. The accused witch plead guilty to fraud in 2010.

As a further aside, I, myself, had the occasion to counsel a victim of such type of fraud that went further than seeking just money.  A poor woman who had felt she was under the spell of an Evil Eye went to a Black Magic practitioner to help her get rid of it.  The practitioner was not an Imam, but another woman who had a reputation for helping women in these types of situations.  Though the practitioner did not call herself a witch, she apparently engaged in an elaborate non-Islamic ritual that purportedly involved the slaughter of a cat.  In a follow-up session, the witch sexually assaulted the victim.  The victim was not only humiliated and frightened, but she was also too intimidated to go to the police because the witch had told her that she (the victim) would be arrested for animal cruelty.  Eventually, through advising her husband, we managed to get her to go to the police and file a complaint which led to charges and arrest of this witch as well.  As far as I learned, no cats were ever actually harmed in the making of this fraud and assault.

Now, let’s get back to the main matter of this post.  With sub-category 3 above, the Muslim concept of Satan/Devil is a little different, in that he is considered to come from the race of beings known as the Jinn,  said to be composed of “smokeless fire” (energy?), and whose primary power over humans is leading them astray through whispers and temptations.

According to my Imam client (and other mainstream Imams in Canada who I have heard speak on the subject), Jinn possession causes a person to often speak and act in different voice and manner than they ordinarily would.  How they distinguish a medical condition from a spiritual problem is an art based on their education (both secular and religious) and experiences.

The main component of an Islamic “exorcism” involves recitation of the Quran in a ritual of spiritual healing.  The person who is undergoing such a ritual may react in a number of ways, including violently.  My client Imam, who does not physically touch the subject person, always ensures that the person comes with family members and/or friends who may be called upon to act if things get out of hand.

While Priests affiliated with the Vatican probably have some kind of insurance (likely the Church self-insuring itself) in the event of damages or injuries resulting from an exorcism, most Sunni Imams, who do this either for free as a community service or to earn extra income, are on their own. These Imams will have to look out for themselves as there is probably no commercial insurance available and no Canadian Islamic institutions able or willing to take the financial risk in case something goes wrong.  So, maybe as a last resort (save God), that’s where a lawyer can come in handy to help draft just the right contract.

The broad issues to be dealt with in such a contract are similar to, perhaps a combination of, those found in (a) service contracts; (b) medical consent to treatment forms, and (c) where minors are involved, the approval of guardians or parents.

The Imam should ask for all relevant disclosure while assuring confidentiality.  The subject has to generally be informed of the procedures and made aware of the consequences that could result, including nothing at all (i.e. a failure to cure).

I can put into the Imam’s contract all sorts of legalese terms to disclaim or limit liability exposure for him, but he has to ensure that the contract is read and understood by the subject and the applicable parents/guardians.  While that may require a language translator, I’ve also put a clause  into the contract to the effect that the subject person has been provided the opportunity to obtain independent legal advice.  I hope the potential “exorcisee” does in fact seek their own legal counsel as I look forward to feedback from my legal colleagues.  No experience in the occult necessary.

Part-time Muslim chaplains serve at various institutions, including universities, hospitals, correctional facilities, law enforcement agencies and the military.  Most of these Chaplains are Imams with varying degrees of expertise and qualifications who hold one or more other jobs.

The interesting question this campaign raises, which is not widely discussed enough, is what in fact is a Chaplain or an Imam worth?

In my own legal practice I have had the opportunity to act for Imams in in their individual and collective capacities as well as for institutions that hire them.  Most of the employment contracts relating to Imams that have been brought to me for review were not drafted by a lawyer.  Often, neither side will have taken the contract to a lawyer for review or advice before they have been signed, sealed and delivered.  Fortunately, when disagreements arise, settlement terms can usually be reached quietly.  Occasionally, where a congregation becomes split with members taking opposites sides for or against a particular Imam, matters can erupt into full-blown litigation.  While reasons for litigation involving Imams usually relate to other issues of management and control of an institution, sometimes it does come down to how an Imam carries out his duties and makes his living.

From my own observations, I have seen salaries of Imams who are generally employed full-time with one particular institution range between $25,000 and $75,000.  However salaries at the upper end of this range are very, very rare; the most common salaries are between $30,000 and $40,000. 

While to my knowledge, no systematic studies have been done regarding Imams, there have some surveys, mostly in United States, of what clergy earn.  Reports have been published in The Forward, Slate.com, The Huffington Post, The Christian Post, and a publication by Carleton University’s School of Journalism.

The chart in The Forward article showed a stunning contrast and I reproduce it here.

While the fine print in the chart above does indicate some of the information may be quite out-dated for the Christian clergy, most surveys do indicate that most Rabbis in the U.S. earn over $100,000.  Protestant clergy in the U.S. appear to reach such high levels only with Megachurches, while Catholic Priests are often much lower  (Carleton U’s journalism school’s report cited a 2007 Canadian report in Canada indicating they make about $45,000).   The Slate.com article cites a $30,000 figure for Imams.  Other articles also use examples ranging from $31,000 to $34,000.

While other clergy often get housing and pensions as additional benefits, it is vary rare for Imams in Canada to receive the same.

The variation of average earnings of clergy between different faith groups could probably be explained somewhat from their respective training and governance structures, histories in North America, as well as community needs and capacities.

The standard expected range of duties for Imams include leading prayers, giving Friday sermons, some teaching, officiating at weddings and other ceremonies, and various types of counselling.  Surprisingly, sometimes even more mundane tasks are included, such as cleaning and maintaining the mosque.  Other times, Imams upon their own initiative or by expectation also lead fundraising efforts.  In almost all situations the duties of an Imam will increase from what they may have bargained for.

While a younger Imam may have the patience and availability to work long hours for meager compensation, more senior Imams with family obligations find themselves constrained by time and finances.  Even though Imams, like other clergy, are entitled to certain unique allowances and tax deductions, very few Islamic institutions have the capacity to fairly compensate a qualified Imam with good multi-lingual skills and well-rounded education and experiences that would suit the needs of a diverse congregation as well as interact effectively with the broader Canadian Society.

Some Imams are the leaders in their institutions and command great respect and loyal following among their congregation and deference by the Board of Directors.  Other Imams are consigned to the bottom rung of their institution and retained only to provide a veneer of religious credibility to management who have their own collective or individual interests.

Poorly-paid Imams with greater needs or ambitions often must supplement their income, through additional teaching, counselling, outside officiations, or leading groups on Hajj and Umrah pilgrimages to Mecca.  Some Imams are blessed with good business sense and engage in successful profitable ventures on the side or before becoming full-time imams. Others are simply blessed and extra income comes to them from fortuitous associations.  These Imams can simultaneously bring a smile to my face, as well as make me shake my head, when I see their legal issues.

Some Imams received their religious education in very traditional settings, often overseas, but increasingly also at institutions in North America.  Some Imams are entirely self-taught with very little if any formal training at all.

Since Sunni Muslims have no central religious authority in Canada, various Imams have felt the need to organize themselves both as a defensive measure to prevent their exploitation, but also as an attempt at self-regulation and to gain broader recognition and authority, including in the field of Halal certification.  The two best known organizations of Imams in the Greater Toronto Area are the Canadian Council of Imams  and the Canadian Council of Muslim Theologians .

Once the funds are raised for the Chaplaincy Program at U of T and they are actually ready to hire someone, it will be interesting to see what qualifications they will require for the job .  Would most of the Imams in Canada be able to meet the expected wish list of requirements?

Interestingly enough, Emmanuel College at the University of Toronto Canadian offers a Canadian Certificate in Muslim Studies, partially aimed at Imams to help them meet the needs of the Muslim community as well as the expectations of a larger society.

The courses are part of Emmanuel College’s continuing education program and do not require prerequisites, prior degrees or other preparation.  Apparently 8 courses are required for the Certificate and there appear to be a wide range of potential courses and instructors.

The Canadian Dawn Foundation entered into a Memorandum of Understanding with Emmanuel College to support this program and in order to make it more widely accessible they are providing funding to subsidize the fees.

Emmanuel College says they will be exploring development of a Master of Pastoral Studies track to educate Muslim chaplains for working in schools, hospitals, nursing homes, prisons, and elsewhere where there is a need for Muslim spiritual care workers.

It would be ironic if the University of Toronto were to be the only place that could providing the necessary “finishing school” for the education of Canadian Imams as well as provide the only place where they could get a job with compensation actually commensurate with their abilities and importance.  I’m sure U of T will have lawyers available when the times comes to draft the employment contract.  As for the Imams who intend to apply, when the time comes for the successful applicant to review their contract, I’m sure I could recommend them to at least one lawyer to help them out even out the legal “praying” field

In his first piece from April 30, 2012 , he outlines how Stephen Harper’s Conservative government quietly shuttered the office of the Inspector General (IG), the only independent agency that provided some measure of oversight over CSIS’s day-to-day operations.

In his second piece from June 16, 2012, he discusses the naming of Chuck Strahl, a former Conservative cabinet minister, to chair the Security Intelligence Review Committee (SIRC), the oversight agency for CSIS.  While not casting aspersions about the character about Mr. Strahl, Mitrovica laments his woeful inexperience in the area.  You may recall that the previous Chair of SIRC resigned amid questions about his judgment in business dealings.  Having personally met that previous Chair myself at a conference in the Fall of 2011, I was quite saddened by the lack of confidence he inspired and his apparently weak grasp of the issues or community concerns.

At the offices of Kutty, Syed & Mohamed, we have had the opportunity to deal with over a hundred cases of CSIS interactions with clients.   While most have been quite courteous and professional, there have been instances where clients have felt frightened and intimidated.  Sometimes, the situation has been exacerbated by misunderstandings or miscommunications.  Though those reactions would not ordinarily form the basis for any complaints (as personal interviews is one of the ways in CSIS collect information that may be relevant to their duties), we have heard and witnessed instances of tactics, words and deeds, which at the very least raised eyebrows, if not more serious concerns.   Up until recently, we felt there was at least a reasonable review process (at least relative to those available for complaints relating to the conduct of RCMP or CBSA).  Now, we’re not so confident.

To be absolutely clear, we don’t provide any blanket advice or discourage anyone from meeting or co-operating with CSIS.  Every situation is different and each person should make their own informed decision. If they do speak with CSIS, we recommend that they do so in the presence of a lawyer. In addition to advising a potential interviewee of their legal rights and legal best interests , a lawyer  could at the very least act as a witness to the interaction. Of course, if there is an urgent matter, of life or death, co-operation with authorities would be be religiously mandated.

We have not yet developed a multi-media guide to your rights with respect to CSIS, but the organization known as Muslim Advocates in the U.S. has produced an excellent video educating people with respect to FBI visits that could also apply to CSIS situations.  We encourage you to see their video at their website called “Got Rights”.

We’ve been trying to make the point for many years that in the context that Muslims have living in since 9/11, as well as negative experiences they may have had with authoritarian regimes in many of their countries of origin, visits by intelligence and law enforcement agencies can be more than a little disconcerting.  A facinating scholarly attempt by a young Muslima to study the impact of CSIS visits on Canadian Muslims formed part of her Master’s Thesis.  Her findings offer a fair representation of the effects and reactions that have resulted, some of which we’ve also observed with some of our own clients.

It seems bad feelings are still lingering at the Danforth Community Center (“DCC”) which operates the Baitul Aman Masjid at 3114 Danforth Avenue in Toronto.

Members of the DCC, who are primarily of Bangladeshi origin, were involved in bitter litigation in the Fall of 2011, partially arising from the suspension of certain members, which led to a number of court appearances.  The judge’s first Sept12.2011 decision was sad enough outlining the issues involved that could only be resolved by a special election.  However, the election results themselves turned out to be confusing and divisive as seen in the post-election November 1, 2011 decision.

The 2011 elections resulted in a change of control.  Thereafter in late May 2012, the new Board issued suspensions of a number of members itself (perhaps up to 20% of its membership), including those that were formerly in control, citing a number of sensational allegations.  The DCC By-Laws contain a process for resolution of disputes including final determination of the state of suspended members by an Arbitration Committee.  However, in what can only be called an act of “chutzpah”, before the process has run its course and the Arbitration Committee has made a final decision, the DCC Board called an AGM for June 24, 2012 which included on its Agenda items the amendment to its By-Laws affecting membership and governance structures.  So, here you have an important meeting at which a substantial number of recently suspended members are unable to be heard, vote, or participate in any other way.

Where will this lead?  Stay tuned.

So perhaps to make up for lost time and opportunities, there were in fact two distinct meetings held on that day.

The first was a meeting with about seven leaders and Imams of the Somali Muslim community, which was reported in a story in the Globe and Mail

The meeting lasted just over one hour  and in some ways it was a continuation of previous dialogue that had taken place with the Ministry of Public Safety without the Minister in various cities, including a conference in Ottawa in December 2010 (see conference report – final). Mr. Farah Aw-Osman, the Ottawa-based Executive Director of Canadian Friends of Somalia was instrumental in setting up the Hamilton meeting.

While much of what was discussed was confidential, other than what was reported in the Globe story and the general concerns of Somali youth involved in gangs and instances of radicalization, the Somali representatives expressed their very strong concerns about the language used by Government representatives in describing national security threats including the terms “Sunni” Islam.

The second meeting the same day, saw Minsiter Toews meet with representatives from Muslim lawyers, charities and the Hamilton Mosque.  Mr. Hussein Hamdani, a Hamilton lawyer and  member of the Cross-Cultural Roundtable on National Security was instrumental in organizing this meeting and provided MuslimLegal.ca with a report of this meeting:

“The Minister of Public Safety met with representatives of the Canadian Muslim community in Hamilton as part of a joint North American Spiritual Revival (NASR) and Canadian Muslim Lawyers’ Association (CMLA) sponsored meeting. In attendance at the meeting were Yusra Siddique, President of the Canadian Muslim Lawyers Assocation (and also member of CCRNS), Firdaus Walele (lawyer), Sara Khan (lawyer), Omar Shabbir Khan (lawyer), Maryam Dadabhoy (Cair-Can), Zaid al-Rawni (Islamic Relief), Sallah Hamdani (NASR), Ibrahim Danial (lawyer) and Hussein Hamdani (lawyer).

“The Muslim representatives expressed their concern with the language the federal government has used in the recent countering violent extremism strategy.  The representatives shared with the Minister various studies in general and an Australian study in particular that looked at the consequences of using exclusionary language.  The representatives asked for four items and the government agreed to work with the representatives on the items, which are:

1.  Use better language (stay away from alienating language and employ more inclusive language)

2.  Support moderate and moderating voices in the Muslim communities through grants and funding [war for the hearts and minds]

3.  Help fund a 3-year leadership and civic engagement project for Muslim youth in between Toronto and Hamilton

4.  Establish a Muslim community working group that meets with the Minister of Public Safety on a biannual basis.

A subcommittee of the representatives is in contact with the Ministry of Public Safety on next steps.”

Here is Mr. Hamdani’s Power Point Presentation to Minister Toews.

The importantace of language which was conveyed to Minister Toews was explored in Australia which produced an excellent Report and Language Guide which are yet to be released to the public.  In the meantime, reference could be made to the Policy Brief written by Law Prof. Mohammad Fadel for the U.S. based Institue for Social Policy and Undertanding and the U.K. British Council called Language Matters: Talking about Islam and Muslims.

As the two groups of representatives independently conveyed similar concerns over the language used, it remains to be seen whether the Conservative Government will take the concerns of the community into account in the future when making references to threats to national security.

They appealed a refusal by the City of Toronto Council to approve a by-law amendment to rezone a listed heritage property (Riseborough House) from a single family dwelling to a place of worship

The Board`s Decision is here: pl111131-may-01-2012.

Report of their original loss at the Scarborough Community Council was reported in The Toronto Observer.

The Islamic Society of Toronto (Masjid Dar us Salaam / Thorncliffe Mosque) has been in turmoil and litigation over an internal governance dispute between some of its members.

Some of the Relevant Documents are here:

Islamic.Society.v.Abowat.Cda_.Corp_.apptment.monitor.mar_.20.12

Order Issued and Entered Apr 19 12

Order of Brown, J. issued and entered Mar 20 12

Reasons for Decision of Brown, J. Apr 19 12 (2)

The latest of the Judge’s decisions is below.  God willing, the new elections will settle the matter.

The long and extensive documents relating to this are posted online at the Grant Thornton LLP website.

The latest is a court order allowing the Receiver to market the litigation proceedings that were commenced by the UM companies now in receivership to potential buyers.   Here is the UM Financial May 18 order and the specific background documentation.