INTRODUCTION AND BRIEF DESCRIPTION
Polygamy and entering into a conjugal union with more than one person is a criminal offense in Canada, as is celebrating or assisting in such relationships.
SECTION WORDING
293(1) Every one who (a) practises or enters into or in any manner agrees or consents to practise or enter into (i) any form of polygamy, or (ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii), is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 293(1) of the Canadian Criminal Code is a law that prohibits the practice of polygamy or any kind of conjugal union with more than one person at the same time, regardless of whether it is recognized as a binding form of marriage by law. In addition, any person who is involved in celebrating, assisting or being a party to a rite, ceremony, contract, or consent that purports to sanction such a relationship is also considered guilty of an indictable offense. The purpose of this section in the Criminal Code is to safeguard the institution of marriage and protect the women and children who may be victimized under polygamous arrangements. Polygamy is considered illegal under Canadian law because it is viewed as fundamentally discriminatory and harmful to the individuals involved as well as society as a whole. The punishment for violating this law is imprisonment for a term not exceeding five years. However, this section has faced challenges from people who claim that it infringes upon their religious freedom. Some religious communities, such as the FLDS, have been prosecuted for practicing polygamy in breach of this section over the years. In summary, Section 293(1) of the Criminal Code of Canada prohibits the practice of polygamy and any form of conjugal union with more than one person at the same time. It seeks to safeguard the institution of marriage and protect individuals who may be victimized under such arrangements.
COMMENTARY
Section 293(1) of the Criminal Code of Canada criminalizes both the practice of polygamy and the celebration or assistance of such relationships. The provision is aimed at protecting individuals from exploitation and abuse that may arise from polygamous relationships. It is premised on the belief that such relationships are inherently harmful and go against the fundamental values of Canadian society. Polygamy is the practice of having more than one spouse at the same time, and it is illegal in Canada. Polygamy has been associated with religious beliefs and cultural practices, but it is not limited to any specific group. The harms associated with polygamy are vast and multifaceted. They mainly include gender-based harms such as patriarchy, violence, and the exploitation of women and children. The prohibition of polygamy is rooted in the Canadian Charter of Rights and Freedoms, particularly the equality rights provision. The provision recognizes that every individual is equal before and under the law and has the right to equal protection and benefit of the law without discrimination. Polygamy goes against this principle by reinforcing harmful gender stereotypes and discriminating against women and children. The provision also aims to promote the autonomy of individuals in choosing their relationships. The practice of polygamy is inherently coercive, and individuals who engage in such relationships may not have the freedom to choose whether to do so. The criminalization of polygamy serves to protect the autonomy and dignity of individuals by ensuring that they are not forced into harmful relationships. Section 293(1) is an amalgamation of two previous provisions that criminalized polygamy. The provisions were challenged in 2011 when a group of polygamists from Bountiful, British Columbia, challenged their constitutionality. The Court of Appeal of British Columbia upheld the provisions, finding that they were constitutional and essential to protecting vulnerable individuals from harm. In 2018, another challenge was brought on the provisions before the British Columbia Supreme Court. This time, the challenge was led by Winston Blackmore and James Oler, who were both charged with polygamy under Section 293(1). The court struck down the provisions on the basis that they violated religious freedom, as guaranteed under the Charter. The decision was quickly appealed by the British Columbia Attorney General, and the Court of Appeal overturned it, upholding the constitutionality of Section 293(1). The Court held that the prohibition of polygamy was essential to promoting gender equality, protecting vulnerable members of society, and preserving the autonomy of individuals. In conclusion, Section 293(1) of the Criminal Code of Canada criminalizes the practice of polygamy in all its forms. The provision is essential to protecting vulnerable members of society, promoting gender equality, and preserving individual autonomy. While the provision may be controversial, the courts have consistently upheld its constitutionality, recognizing that it represents a fundamental aspect of Canadian values and principles.
STRATEGY
One of the most significant strategic considerations when dealing with Section 293(1) of the Criminal Code of Canada is that this provision is highly controversial and complicated. On the one hand, it is aimed at protecting vulnerable individuals, including women and children, who may be forced into non-consensual polygamous relationships. However, it is also perceived by some as being discriminatory against religious or cultural practices that involve polygynous marriages. In this context, it is essential to consider a range of strategies, including challenging the constitutionality of the provision, advocating for its reform, or developing alternative forms of dispute resolution and community engagement. One strategy that could be employed to deal with Section 293(1) of the Criminal Code of Canada is to challenge its constitutionality. Some argue that Section 293(1) is inconsistent with the Canadian Charter of Rights and Freedoms in that it infringes on the religious and cultural rights of certain individuals or communities. In one high-profile constitutional challenge of the law, for example, the British Columbia Supreme Court ruled that Section 293(1) is unconstitutional as it infringes on fundamental Charter rights of freedom of religion and equal protection under the law. Such legal challenges can be strategic in that they provide a platform for engaging in broader debates on the role of the state in regulating polygamy, and the potential harms associated with such practices. Another strategy that could be employed when dealing with Section 293(1) is to advocate for its reform. This approach could involve engaging with politicians, policymakers, and community leaders to push for changes to the law that take into account the complex realities of polygamous relationships. For example, advocates might push for legal reforms that distinguish between voluntary and non-voluntary polygamous relationships, or that differentiate between adult and child marriages. Such reforms could help to mitigate the harms associated with non-consensual or abusive forms of polygamy, while also acknowledging the diversity of cultural and religious practices within Canada. A third strategy that could be employed when dealing with Section 293(1) is to develop alternative forms of dispute resolution and community engagement. This approach recognizes that legal solutions may not be appropriate or effective in addressing the complex social and cultural factors that underlie polygamy. Instead, it involves working with affected communities to develop community-led initiatives that provide support, education, and resources to individuals in polygamous relationships. Such programs could include counseling services, legal aid, and advocacy supports, as well as cultural and spiritual resources that help individuals to navigate the challenges of polygamous relationships in safe and healthy ways. In conclusion, dealing with Section 293(1) of the Criminal Code of Canada requires careful consideration of a range of strategic approaches. These can range from legal challenges to reform advocacy and community-based initiatives, and they must be grounded in a deep understanding of the complex social and cultural factors that influence polygamous relationships. Ultimately, the aim should be to protect the rights and welfare of all individuals involved, while also respecting Canada's commitment to individual freedoms and diversity.