Criminal Code of Canada - section 214 - Definition of form of marriage

section 214

INTRODUCTION AND BRIEF DESCRIPTION

Section 214 of the Criminal Code of Canada defines form of marriage as a valid ceremony recognized by either the place of celebration or the place of trial, even if not recognized by the law where it was celebrated.

SECTION WORDING

214 In this Part, "form of marriage" includes a ceremony of marriage that is recognized as valid (a) by the law of the place where it was celebrated, or (b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated.

EXPLANATION

Section 214 of the Criminal Code of Canada deals with the definition of form of marriage" in the context of Part IV of the Code, which deals with the offences against public morality related to marriage. The section specifies that a form of marriage includes any ceremony that is recognized as valid by the law of the place where it was celebrated, or by the law of the place where an accused is tried, regardless of whether it is recognized as valid by the law of the place where it was celebrated. This section is important in cases where the validity of a marriage is in question. It ensures that a marriage that is recognized as valid in one jurisdiction will be recognized as valid for the purposes of a criminal trial in another jurisdiction, even if it is not recognized as valid in that original jurisdiction. For example, if a couple marries in a jurisdiction that does not recognize same-sex marriage, but the marriage is recognized as valid in the jurisdiction where they live, then the marriage will be considered valid for the purposes of a Canadian criminal trial, even though it was not recognized as valid at the place where it was celebrated. Overall, Section 214 of the Criminal Code provides clarity and consistency in the recognition of valid marriages across different jurisdictions, which is essential in ensuring that justice is served in cases related to marriage offences.

COMMENTARY

Section 214 of the Criminal Code of Canada is an important provision that explains the meaning of form of marriage" in Part IV of the Code. The provision prescribes that "form of marriage" encapsulates any ceremony of marriage that is recognized as valid by either the law of the place where it was celebrated, or the law of the place where an accused is tried, even if it is not regarded as such by the law of the place where it was subsequently performed. Essentially, this provision sets out the legal framework that governs the validity of marriages that take place outside of Canada, and highlights the flexibility of Canadian law to recognize such ceremonies as legal and binding. The provision's explicit inclusion of marriages that are not recognized as valid under the law where the union was celebrated but are recognized as valid under the law of the jurisdiction in which the accused is being tried reflects Canada's commitment to the recognition of diverse forms of marriage and its respect for the multiculturalism of its citizenry. It recognizes that to ensure justice, the legal validity of a marriage should be measured not only by the obligations incorporated into the marital relationships by the law where the union was performed but also by the rules governing the society where it is being assessed. The Canadian criminal law regards marriage, whether it is conducted within or beyond the country's borders, as a crucial aspect of society and provides the necessary punishment for those who breach the fundamental principles of a civilized society. Consequently, Section 214 highlights the necessity of putting a stop to marriages involving minors, forced marriages, polygamous marriages, and other forms of marriages that encroach on human rights and dignity. This provision is an inherent component of the Code, providing the necessary foundation for prosecuting criminal behavior relating to marriage practices. Furthermore, Section 214 introduces a level of flexibility in the recognition of marriages celebrated outside of Canada in a reflection of Canada's global outlook and strategic political partnerships. This provision is critical as many people migrate to Canada and bring with them their cultural and religious practices, including their respective forms of marriage, which the Canadian Government recognizes. Therefore, the provision recognizes the diversity in the forms of marriage celebrated in other jurisdictions and emphasizes the need to respect and maintain these diverse forms within the global landscape, as per the mutual trust and respect required in international relations. In summary, Section 214 of the Criminal Code of Canada determines the legal meaning of form of marriage" in Part IV of the Code and recognises the legal validity of marriages that are celebrated beyond Canadian borders, subject to a number of considerations. This provision is a crucial element of Canada's legal framework and highlights its respect for the multiculturalism of its citizens, globally-friendly outlook, and commitment to maintaining the integrity of its legal system in respecting different marriage forms within the society. Furthermore, the provision also provides a legal basis for the appropriate punishment of criminal behavior relating to marriages, including the protection of the most vulnerable, thereby enhancing the fundamental principles of a safe and civilized society.

STRATEGY

Section 214 of the Criminal Code of Canada governs the form of marriage in Canada. This section provides that a ceremony of marriage is considered valid if it is recognized as such by the law of the place where it was celebrated or by the law of the place where an accused is tried. This provision has significant strategic implications for parties in criminal proceedings relating to issues of marriage and family law. One key strategic consideration when dealing with Section 214 is the potential for conflicting laws of different jurisdictions. As this provision recognizes the validity of a marriage based on the law of the place where it was celebrated or the law of the place where an accused is tried, parties must consider the relevant laws of each applicable jurisdiction before determining their legal position. For example, if a marriage is valid under the law of the jurisdiction where the ceremony was held but not under the law of the jurisdiction where the parties reside or the accused is tried, parties must determine how this conflict will be resolved. Another strategic consideration is the risk of procedural challenges and delays. As Section 214 allows for the recognition of a marriage that may not be valid under the law of the place where it was celebrated, parties may attempt to use this provision to challenge procedural aspects of a case. For example, an accused may argue that the charges against them should be dismissed because their marriage is recognized under the law of the jurisdiction where the trial is being held. This could result in significant delays and added costs to the proceedings. To address these strategic considerations, parties may employ several strategies when dealing with Section 214 of the Criminal Code. One strategy may be to conduct thorough research into the relevant laws of all relevant jurisdictions to determine which law applies to the case at hand. This would allow parties to develop a more accurate understanding of their legal position and potential arguments that could be raised by the other side. Another strategy may be to proactively address issues related to marriage and family law before they become major legal obstacles. This could include obtaining legal advice before entering into a marriage or partnership, or considering alternate legal arrangements such as cohabitation agreements or prenuptial agreements that would address any potential areas of conflict. Parties may also attempt to reduce the risk of procedural challenges or delays by reaching an early agreement on the procedural aspects of the case. This could include agreeing on the recognition of a marriage or partnership, as well as any relevant family law issues, before the commencement of the criminal proceedings. In conclusion, Section 214 of the Criminal Code of Canada provides the legal framework for the form of marriage in Canada, and has significant strategic implications for parties in criminal proceedings involving issues of family and marriage law. To navigate these strategic considerations, parties may employ several strategies, including conducting thorough legal research, proactively addressing potential areas of conflict through legal agreements, and reaching early agreements on procedural issues.