INTRODUCTION AND BRIEF DESCRIPTION
An accused charged with bigamy cannot invalidate a valid marriage through their actions or omissions.
SECTION WORDING
290(5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.
EXPLANATION
Section 290(5) of the Criminal Code of Canada states that any act or omission of an accused who is facing charges of bigamy does not have the power to nullify a valid marriage or form of marriage. This provision in the Criminal Code of Canada is aimed at ensuring that the legal marriages or forms of marriage are not affected by the conduct of the accused. Bigamy is a serious offense in Canada, and it involves marrying someone else while already being married to someone else, without obtaining a divorce or an annulment of the first marriage. This act is considered illegal in Canada and is punishable by a maximum of five years of imprisonment. While the accused may have knowingly engaged in bigamy, the section provides that such conduct does not have the power to invalidate a marriage that is otherwise valid. This means that even if the accused has committed bigamy, and a marriage or form of marriage was entered into after the bigamous relationship, that relationship will still be considered valid. In summary, Section 290(5) of the Criminal Code of Canada ensures that a bigamous relationship does not have the power to invalidate a legitimate marriage. Although the accused may be charged and punished for bigamy, any legal marriage or form of marriage entered into during or after such a relationship will remain valid.
COMMENTARY
Section 290(5) of the Criminal Code of Canada deals with a criminal offence known as bigamy. Bigamy is the act of marrying someone while still being legally married to someone else. The section expressly provides that no act or omission of the accused, who is charged with bigamy, invalidates a marriage or form of marriage that is otherwise valid. This means that even if a person is found guilty of the crime of bigamy, the marriage they entered into (assuming it meets all the relevant legal requirements) is still legally recognized and valid. The purpose of section 290(5) is to ensure that innocent parties do not suffer the consequences of the accused's actions. For instance, if an individual enters into a marriage with someone who they believe is single, but later learns that their partner is already married, and the partner is subsequently charged with bigamy, section 290(5) ensures that the innocent party's marriage is still considered valid, and they are not left without legal protection or recourse. Furthermore, section 290(5) ensures that the concept of legal certainty is maintained. Legal certainty implies that laws should be clear and predictable, and people should be able to rely on them. Therefore, section 290(5) ensures that the validity of a marriage (which is otherwise valid) is not in doubt, as a result of an accused's criminal behaviour. The section is also in line with the general approach of the Canadian legal system of trying to ensure that criminal law has limited effects on civil or private rights. This means that criminal law should not interfere with the legal rights of individuals or invalidate legal transactions (such as marriages) unless it is absolutely necessary. And in the case of bigamy, it is not necessary to invalidate an otherwise legally valid marriage. However, it's important to note that while section 290(5) ensures that an otherwise valid marriage remains valid, it does not mean that the accused's criminal conduct goes unpunished. Bigamy is a serious crime, and the Criminal Code of Canada stipulates that a guilty offender can face imprisonment for up to five years. This punishment serves as a deterrent to others who might contemplate committing the same offence. In conclusion, section 290(5) is an important provision in the Criminal Code of Canada that serves a critical purpose. It ensures that the innocent parties in a marriage are not punished for the accused's crime of bigamy. At the same time, it upholds legal certainty and the limited effect of criminal law on private or civil rights. It's an excellent example of how the Canadian legal system balances the rights of individuals with the interests of society as a whole.
STRATEGY
Section 290(5) of the Criminal Code of Canada provides that a bigamous act or omission on the part of an accused spouse does not invalidate the marriage or form of marriage that is otherwise valid. This section creates an opportunity for certain strategic considerations and strategies that could be employed by legal practitioners when dealing with bigamy cases. One of the strategic considerations involves the option of negotiating a plea bargain with the prosecuting team. If there is evidence that the accused spouse knowingly engaged in bigamy, a plea agreement could be a viable option to secure a lesser sentence. Plea bargaining involves the process of negotiating a guilty plea to a less serious charge in exchange for reduced charges or sentencing. The prosecuting team may be willing to plead down the charges if the accused spouse agrees to plead guilty to a lesser charge, such as a misdemeanor, rather than a felony. In addition to reducing the charges and sentencing, a plea agreement may also minimize the publicity and embarrassment associated with a high-profile bigamy case. Another strategic consideration involves the option of challenging the evidence against the accused spouse. In some cases, it may be possible to challenge the evidence presented by the prosecution and the validity of the marriage or form of marriage. For example, if the prosecution agency lacks concrete evidence to prove the accused's intent to commit bigamy, it may be possible to challenge the charges on the grounds of insufficient evidence. Alternatively, if the accused spouse can prove that the first marriage was invalid or dissolved, there may be grounds to challenge the charges of bigamy altogether. Another strategy that could be employed is to argue the validity of the marriage under the law. While bigamy is viewed as a criminal offense, the law recognizes that certain marriages or forms of marriage may not be legally binding. For example, a common law marriage may not be legally binding if certain criteria are not met. If the accused spouse can prove that the marriage or form of marriage in question is not valid under the law, the charges of bigamy may not apply. In conclusion, Section 290(5) of the Criminal Code of Canada provides certain strategic considerations and strategies that legal practitioners could employ when dealing with bigamy cases. Negotiating a plea bargain, challenging the evidence presented by the prosecution, and arguing the validity of the marriage or form of marriage may all be viable options depending on the specific circumstances of the case. Ultimately, the outcome will depend on the strength of the evidence and the approach taken by the legal team.