4 Discussion

This study examined the experiences of Muslims who have encountered serious problems in London and Toronto, Ontario to better understand their level of engagement with the Canadian legal system in addressing these issues. Six major themes were present in the problems described by participants, namely:

Many of the problems that participants reported were multi-faceted and included more than one of these themes.

In attempting to resolve their problems, the majority of participants—seven out of 13—made contact of some kind with an individual connected to the legal system. For five of these seven participants, this contact was formal in nature (i.e., it involved the filing of a police report or the hiring of a lawyer). Of these five, only one participant affirmed that the legal assistance they received had been helpful, although they had been delayed in receiving this assistance due to language barriers; social isolation caused by spousal abuse; and the complexity of their case, which had resulted in inaccurate and conflicting advice from various legal professionals. This participant also indicated that their case was currently paused because they could no longer afford to pay for the legal services they required. The other four participants who had formal contact with the legal system explained that their experiences had been marked by disappointing or unpleasant interactions with lawyers, judges, court officials, and law enforcement officers, stating that they had been met with inappropriate assumptions, dismissive attitudes, and unprofessional behaviour; for one of these four, the experience was so negative that they eventually decided to pursue self-representation in court.

In addition to these five participants who had formal contact with the legal system, two participants received informal assistance or information from members of the legal profession but were ultimately dissuaded from pursuing formal legal action after learning about the potential cost and length of time that a legal resolution could take. One of these two participants further expressed concern that they may face adverse professional repercussions if they were to take legal action against their employer. Potential monetary costs, length of time, and unwanted social consequences were also cited by other participants as some of the reasons they had not considered seeking legal assistance for their problem(s). Other reasons for not engaging with the legal system included a lack of knowledge about what constituted a legal problem or violation of rights, how the legal system could be applied to their problem, and an uncertainty about how and where to find legal resources. Some further stated that they simply preferred not to engage the legal system in dealing with their situation due to personal preferences or cultural expectations. Instead, some participants had attempted to research resolution options themselves, while others sought support from family, friends, and members of the community. A few had pursued assistance or mediation through institutional channels. In the end, however, none of the participants reported that their most serious problem had been fully resolved—their situations were either ongoing or they had opted not to address them for the time being.

In dealing with their situations, some participants had incurred direct financial costs, whether through paying legal fees or purchasing necessary supplies, while others had experienced indirect costs in the form of lost wages. Participants’ experiences also had significant impacts on their health. Three noted that their problems had led to physical changes or complications, while many others disclosed that they had suffered mentally from stress, fear, and feelings of isolation. The effects of these feelings and the problems that caused them were far-reaching. Many participants shared that their situations had led to the deterioration of relationships with others, including family, friends, and co-workers. Beyond this, there were reports of declining school performance, feelings of disillusionment, a desire to change careers, and a discontinuation of wearing important cultural garments in public. These findings underscore the fact that serious problems can have serious consequences, the impact of which can be felt by more than just the individual at the centre of the problem.

Participants’ overall experiences were found to have been affected by the various intersecting aspects of their identities, such as gender, culture, financial situation, and immigration status. Problems involving family conflict, for instance, were shared exclusively by women, who described how they had been impacted by cultural gender norms and power differentials. For example, an immigrant woman facing an international divorce and child custody case following years of spousal abuse noted how her situation had been complicated by her prior reliance on her ex-husband, which had left her socially isolated and with limited financial resources. Another woman expressed her belief that a male family member had used his standing in the community to manipulate and control her and the other women in her family by weaponizing cultural and religious expectations. These experiences—and the experiences of others in the study—highlight how vulnerability can be compounded through the intersection of identity factors.

Gender differences were further apparent in participants’ discussion of the strategies they had used to deal with their problems. In particular, while women spoke about the physical and emotional support they had sought and received from friends and family, men tended to focus on how they had utilized formal channels of resolution, such as filing police reports and human resources complaints. This may be a reflection of patriarchal norms in which the seeking of emotional support is seen as less socially acceptable for men than for women, though it should be noted that many of the participants who identified as men openly and readily shared the emotional impact that their experiences had had on them.

The findings of this study are broadly consistent with the findings of other existing research related to the experiences of Muslims in Canada. Recent reports of rises in Islamophobic behaviour and rhetoric (Standing Committee on Justice and Human Rights, 2024) are mirrored by the experiences of study participants, among whom Islamophobia, discrimination, and harassment were the most frequently occurring type of problem. This study provides concrete examples supporting the work of scholars such as Bahdi (2018) and Mezzatesta Gava et al. (2022), who have asserted, respectively, that the potential length of the legal process and language barriers can hinder the use of legal services. This study also highlights the unique challenges that women and individuals with other marginalized identities face in both public and private, including the unfair ways in which certain groups are treated by some members of the legal profession.

To better meet the legal needs of Muslims in Canada, law makers, legal professionals, law enforcement, government, and the broader community at large should consider the following eight recommendations: