Keith Mack
Polygamy, the practice of having multiple spouses, is a criminal offence in Canada under Section 293 of the Criminal Code, which provides for a penalty of up to five years' imprisonment. However, prosecutions are rare, and the law has faced challenges under the Charter of Rights and Freedoms due to concerns about religious freedom and gender equality. While some argue for decriminalization to protect women in polygamous communities, others assert that polygamy is inherently abusive and should be more strictly enforced. This complexity is furthered by the intersection of cultural practices and the law, as well as the historical evolution of polygamy in Canada.
| Characteristics | Values |
|---|---|
| Polygamy status | Illegal |
| Polygamy definition | The practice or condition of one person having more than one spouse at the same time |
| Polygamy law | Section 293 of the Criminal Code |
| Polygamy penalty | Up to five years imprisonment |
| Bigamy definition | Marrying again or marrying more than one person simultaneously |
| Bigamy law | Section 214 of the Criminal Code |
| Polyandry status | Not permitted in systems governed by Islamic law, Fundamentalist Mormon teachings, or customary norms |
| Polygyny status | Prevalent in Canada |
| Polygamy prosecution | Rare |
| Polygamy challenges | Intersection with cultural practices and religious freedom |
| Polygamy in immigrant communities | Significant challenges due to conflict with Canadian law |
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What You'll Learn
Polygamy is a criminal offence in Canada
Polygamy, including forms like polyandry, polygyny, and bigamy, is a criminal offence in Canada. The Criminal Code's Section 293 bans polygamy, and the law was upheld in 2011 and again in 2018. The law provides for a penalty of up to five years' imprisonment for anyone who assists, celebrates, or is a party to a rite, ceremony, or contract that sanctions a polygamous relationship. While there have been challenges to this law under the Charter, citing the infringement of religious freedom, it has been deemed permissible under Section 1 of the Charter, which allows for reasonable limits in a free and democratic society.
The history of polygamy in Canada is complex, especially when examining the tension between principles of equality and social unease surrounding the practice. This has led to varying viewpoints on decriminalization and its potential consequences. Some argue for decriminalization to focus on eradicating abuse within polygamous communities, while others assert that polygamy is inherently abusive and calls for stricter law enforcement. The effectiveness of legal tools in upholding societal norms against polygamy is a key concern, balancing gender equality and societal apprehensions.
Polygamy laws in Canada also present unique challenges for immigrants from communities that practice polygamy. Immigrants involved in such relationships may face criminal prosecution, creating a significant barrier to their integration into Canadian society. This has sparked discourse on the intersection of cultural practices and religious freedom with Canadian law, as well as the historical evolution of these laws and their potential loopholes.
While polygamy charges are rare in Canada, there have been recent cases. In 2014, polygamy charges were brought against Winston Blackmore and James Oler. Additionally, Edith Barlow, a mother of five in a polygamous community, was denied permanent residence and asked to leave the country after ten years. These cases highlight the complexities of enforcing anti-polygamy laws in Canada.
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The history of polygamy in Canada
The emergence of polygamy in Canada can be traced back to the late 19th century, primarily due to the influx of Mormons from the United States. In 1852, the Church of Jesus Christ of Latter-day Saints (LDS Church) announced that plural marriage was part of its doctrine, leading to opposition from the US government. This resulted in LDS Church president Wilford Woodruff officially ending the practice of plural marriages in 1890, which paved the way for Utah to become an American state in 1896. However, breakaway Mormon fundamentalist groups in the US, Canada, and Mexico continued to practice plural marriage.
In 1890, Canada passed legislation outlawing polygamy, specifically targeting Mormonism. This criminalization of polygamy in Canada was influenced by the American legal approach to Mormonism and was enacted to marginalize a particular minority group. Despite this, a religious commune was established in Creston Valley, B.C., in 1947 by three men expelled from a nearby Mormon church for refusing to renounce polygamy. The settlement was named Bountiful in 1985, and its leader, Winston Blackmore, was connected to the Fundamentalist Church of Jesus Christ of Latter-day Saints, led by Warren Jeffs.
In recent years, there have been several legal cases involving polygamy in Canada. In 2008, a US investigation revealed that more than two dozen girls had been brought across the border between polygamous communities, and documents were used to prosecute Jeffs for sexual assault and polygamy. In 2011, the B.C. Supreme Court upheld Canada's polygamy laws, ruling that the Criminal Code's section banning plural marriages was constitutional. In 2014, Winston Blackmore and James Oler were charged with polygamy, and in 2017, they were found guilty and sentenced to house arrest and probation.
While polygamy remains illegal in Canada, there have been ongoing debates about the constitutionality of Section 293 of the Criminal Code. Some argue that it infringes on the right to Freedom of Religion as promised under the Canadian Charter of Rights and Freedoms. Additionally, immigrants from parts of Africa and the Muslim world, where polygamy is culturally or religiously accepted, have faced legal challenges in Canada due to the conflict between the law and their religious or cultural practices.
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The impact of polygamy on immigrants in Canada
Polygamy, including polyandry, polygyny, and bigamy, is illegal in Canada under Section 293 of the Criminal Code. The law, upheld in 2011, states that polygamy is punishable by up to five years in prison. This law has posed significant challenges for immigrants who were in polygamous relationships in their home countries. These challenges are not only legal but also cultural, as immigrants from societies where polygamy is accepted now face a profound source of stress due to the criminalization of polygamy in Canada. This may hinder their social integration and lead to stigmatization or discrimination.
The historical evolution of polygamy laws in Canada and their intersection with cultural practices and religious freedom have sparked ongoing debates about the constitutionality of Section 293. While Canada is obliged to respect freedom of religion under international human rights law, it must also guarantee equality between men and women. Polygamy is viewed as incompatible with the principle of equality of treatment regarding the right to marry and is considered a form of discrimination against women. Consequently, Canada's commitment to upholding gender equality has influenced the interpretation and application of polygamy laws within its jurisdiction.
The legal prosecution of polygamy among immigrants in Canada is complex due to issues of religious freedom and the fact that only the first marriage is legally recognized. Immigrants in polygamous relationships may face criminal charges, which poses a significant barrier to their integration into Canadian society. The cultural shift required for immigrants from societies where polygamy is accepted can be challenging, and the tension between principles of equality and societal unease surrounding polygamy persists.
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The legal complexities of prosecuting polygamy
Polygamy, including forms like polyandry, polygyny, and bigamy, is illegal in Canada, and the law banning polygamy has been upheld multiple times, most recently in 2018. The law provides for a penalty of up to five years' imprisonment. However, prosecutions are rare, and the legal prosecution of polygamy is complex due to issues of religious freedom and the fact that only the first marriage is legally recognized.
Another complexity arises from the different forms of polygamy, namely polyandry and polygyny. Polyandry, where a woman has multiple husbands, is not permitted in systems governed by Islamic law, Fundamentalist Mormon teachings, or customary norms. On the other hand, polygyny, where a man has multiple wives, is more prevalent within Canada and internationally. This distinction is important because it impacts the interpretation and application of polygamy laws within Canadian jurisdiction, which must consider both gender equality and religious freedom.
Prosecuting polygamy also involves navigating cultural practices and immigrant communities impacted by these laws. Immigrants who were legally in polygamous relationships in their home countries may face criminal prosecution in Canada, creating a significant barrier to their integration into Canadian society. This dynamic adds another layer of complexity to the legal prosecution of polygamy, as it involves balancing cultural practices with the country's legal framework.
Furthermore, there are differing viewpoints on the decriminalization of polygamy. Some, like Queen's University law professor Beverley Baines, advocate for decriminalization to focus on eradicating abuse and assisting those in need within polygamous communities. Others, like author and critic Daphne Bramham, assert that polygamy is inherently abusive and call for stricter enforcement of anti-polygamy laws. These differing perspectives contribute to the legal complexities surrounding the prosecution of polygamy in Canada.
In conclusion, while polygamy is illegal in Canada, the prosecution of polygamous relationships is complex due to the intersection of cultural practices, religious freedom, gender equality, and the societal implications of these laws. These complexities must be carefully navigated by legal professionals and policymakers to ensure that the legal system effectively addresses this issue while also respecting the rights and freedoms of those involved.
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The argument for decriminalisation
Polygamy, including polyandry, polygyny, and bigamy, is illegal in Canada under Section 293 of the Criminal Code and is punishable by up to five years in prison. However, there are several arguments for decriminalising the practice.
Firstly, the Law Reform Commission of Canada recommended the decriminalisation of polygamy in 1985, stating that "abolishing the crime of polygamy does not amount to condoning the practice". This sentiment was echoed by the Law Commission of Canada almost two decades later, which suggested that further study is needed to understand the effects of polygamy and the appropriate governmental response. Decriminalisation could potentially remove the barrier to integration into Canadian society for immigrants involved in polygamous relationships in their home countries.
Secondly, some argue that criminalising polygamy may lead to the imprisonment of those who engage in practices they believe are protected under their right to freedom of religious expression. As such, decriminalisation could prevent individuals who practice polygamy for religious reasons from becoming martyrs to the cause and heroes to others who support similar notions of religious freedom.
Thirdly, there are already laws in place in Canada that could be used to address the problematic aspects of polygamy, such as criminal laws against sexual assault and the sexual exploitation of children. Additionally, family laws in certain provinces, such as Ontario's Family Law Act, provide legal protection for people in polygamous marriages with respect to spousal support.
Lastly, the focus of any efforts to address the issues associated with polygamy should be on eradicating abuse and assisting those in need within polygamous communities, rather than solely on criminalisation.
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Frequently asked questions
No, polygamy is a criminal offence in Canada under Section 293 of the Criminal Code.
Polygamy is punishable by up to five years in prison.
Yes, some women in Canada's Muslim community are speaking out in favour of polygamous marriages. Additionally, Queen's University law professor Beverley Baines advocates for decriminalisation to focus on eradicating abuse and assisting those in need within polygamous communities.
