INTRODUCTION AND BRIEF DESCRIPTION

Bigamy is committed when a person is married and goes through a form of marriage with another person, knowing that person is married, or goes through a form of marriage with more than one person at the same time.

SECTION WORDING

290(1) Every one commits bigamy who (a) in Canada, (i) being married, goes through a form of marriage with another person, (ii) knowing that another person is married, goes through a form of marriage with that person, or (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

EXPLANATION

Section 290(1) of the Criminal Code of Canada defines the offense of bigamy, which is a form of marriage fraud. This section states that any individual who, in Canada, goes through a form of marriage with another person while being already married to someone else, is guilty of bigamy. Moreover, if a person knows that their prospective spouse is already married and still goes through the marriage ceremony with them, they are still committing bigamy. Lastly, getting married to more than one person on the same day or simultaneously is also considered a form of bigamy under this section. Additionally, this section also extends the offense of bigamy to Canadian citizens who leave Canada with the intention of committing bigamy or actively commit bigamy in another country. Regardless of where the offense was committed, if it meets the criteria of subparagraphs (a)(i) to (iii), the person will still be charged and convicted in Canada. The reason for this section is to prevent people from committing the offense of bigamy and to protect the rights of the existing spouse(s). The offense of bigamy can have serious consequences, both legally and socially, and can lead to the breakup of families and emotional trauma for all involved parties. Overall, Section 290(1) of the Criminal Code of Canada serves as a deterrent to those considering committing bigamy and ensures that those who do are held accountable for their actions.

COMMENTARY

Section 290(1) of the Criminal Code of Canada criminalizes the act of bigamy, which is the act of marrying someone while still being legally married to someone else. This section covers a variety of scenarios, including marrying another person while already being married, marrying someone who is already married, and marrying multiple people on the same day or at the same time. The purpose of this section is to prevent individuals from engaging in multiple marriages and to promote the legal sanctity of marriage. Canada has a long history of recognizing the legal rights and obligations that come along with marriage, and this section of the Criminal Code is one way in which the government has sought to protect those rights. It is important to note that this section only applies to marriages that are legally recognized in Canada. For example, if someone were to get married in another country where polygamy is legal, they would not be in violation of this section of the Criminal Code upon their return to Canada. However, if they were to attempt to enter into additional marriages while living in Canada, they would be subject to criminal penalties. The penalties for bigamy can include imprisonment for up to five years. In addition, the person may also be subject to civil penalties such as divorce, property division, and spousal support. These penalties are designed to deter individuals from engaging in bigamy and to protect the legal rights of their current and potential future spouses. One of the challenges with enforcing this section of the Criminal Code is proving that the accused had knowledge of their current spouse's existence. This can be particularly difficult when the accused has been living apart from their spouse for an extended period of time. In cases where the accused is a Canadian citizen who leaves the country specifically to engage in bigamy, the Crown may have an easier time proving intent. In recent years, there has been some debate about whether the criminalization of bigamy is consistent with Canada's Charter of Rights and Freedoms. Some argue that consenting adults should be allowed to enter into multiple marriages if they choose to do so, and that the state should not be involved in regulating personal relationships. Others argue that the government has a legitimate interest in protecting the legal rights of spouses and preventing fraud and abuse. Overall, Section 290(1) of the Criminal Code of Canada reflects the government's commitment to protecting the legal rights of spouses and preserving the sanctity of marriage. While there may be some debate about the appropriateness of criminalizing bigamy, the fact remains that individuals who engage in this activity can face serious legal and financial consequences.

STRATEGY

The Criminal Code of Canada prohibits bigamy and sets out the various scenarios where a person can be charged with this offence. In a legal case where this section of the Criminal Code is being invoked, there are several strategic considerations that should be taken into account. The first consideration is whether the prosecution can prove beyond a reasonable doubt that the accused committed the offence of bigamy. Depending on the circumstances of the case, this may require evidence that the accused was married at the time of the alleged bigamous marriage, or that the accused knew the other party was already married. If the prosecution is unable to prove all elements of the offence, the charges may be dismissed. Another strategic consideration is whether the accused should plead guilty or go to trial. If the prosecution has a strong case, it may be advisable for the accused to plead guilty and try to negotiate a plea bargain for a reduced sentence. However, if the accused maintains their innocence or believes the evidence is weak, they may choose to proceed to trial. In cases where the accused admits to the bigamous marriage, a strategic consideration is whether to argue that the accused did not have the required intent for the offence. Section 290(1)(b) requires the accused to have left Canada with the intent to commit bigamy, and if the accused can demonstrate that they did not have this intent, this may result in a lesser charge or a reduced sentence. A strategic consideration for the defence is to determine whether any defences are available. For example, if the accused was forced or coerced into the bigamous marriage, this may be a defence to the charge. Similarly, if the accused believed in good faith they were divorced or their previous marriage was annulled, this may be a defence. Another strategic consideration is whether to challenge the constitutionality of section 290(1). For example, if the accused argues that the law violates their Charter rights to freedom of religion or expression, a successful challenge could result in section 290(1) being struck down. In conclusion, when dealing with section 290(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account, including whether the prosecution can prove all elements of the offence, whether to plead guilty or go to trial, whether to argue lack of intent or raise any available defences, and whether to challenge the constitutionality of the law. The specific strategies employed will depend on the individual circumstances of each case.