INTRODUCTION AND BRIEF DESCRIPTION
Proof of the method of entry into a relationship and intended sexual intercourse is not necessary for charges under section 293(2).
SECTION WORDING
293(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.
EXPLANATION
Section 293(2) of the Criminal Code of Canada pertains to offences related to polygamy. This section states that in cases where an individual is charged with an offence under this section, it is not necessary for the prosecution to prove how the relationships were entered into or consented to. Furthermore, it is not necessary to prove that the individuals involved had intended to engage in sexual intercourse. This provision was included in the Criminal Code of Canada in order to simplify the prosecution of individuals who are engaging in polygamous relationships. The lack of requirement to prove how the relationships came to be helps prevent individuals from attempting to circumvent the law by claiming that their relationships were entered into in a manner that did not violate criminal law. Additionally, the provision acknowledges that polygamous relationships can be entered into and maintained for reasons beyond the intention of engaging in sexual activity. This recognition helps to prevent individuals from being unfairly prosecuted for a crime that they did not commit. Overall, Section 293(2) of the Criminal Code of Canada helps to ensure that the prosecution of individuals who engage in polygamous relationships is fair and straightforward. The provision acknowledges that these relationships can be complex and multifaceted, and helps to prevent individuals from using loopholes to avoid prosecution.
COMMENTARY
Section 293(2) of the Criminal Code of Canada is a controversial provision that relates to the practice of polygamy. Polygamy is the act of being married to more than one person at the same time. Although polygamy is prohibited in Canada, there are instances where some couples continue to engage in this practice. The provision in question lays down the legal framework for prosecuting individuals accused of engaging in polygamous relationships. Section 293(2) is important for several reasons. Firstly, it simplifies the legal process for prosecuting polygamy-related offences. In other words, it establishes a clear and concise legal framework that can be used to prosecute individuals who engage in such relationships. This is because the provision removes the need for prosecutors to prove how the alleged relationship was entered into, agreed upon, or consented to. In other words, the fact that an individual is engaged in a polygamous relationship is sufficient to constitute an offence under this section of the Criminal Code of Canada. Secondly, the provision brings clarity to the laws governing polygamy in Canada. For many years, the legal status of polygamy was ambiguous in Canada, with some groups advocating for the legalization of the practice while others argued for criminalizing it. Section 293 provides a clear legal framework for dealing with polygamy, which ensures that all individuals are aware of the legal consequences of engaging in this practice. Despite the benefits of Section 293(2), many critics argue that this provision does not go far enough in dealing with the problem of polygamy. Critics argue that the provision only addresses the legal framework for prosecuting polygamous relationships. They argue that more needs to be done to prevent the spread of polygamy in Canada. This includes engaging in public education campaigns to raise awareness of the dangers of polygamy, and providing support for individuals who are trying to leave polygamous relationships. Furthermore, critics argue that Section 293(2) may be unconstitutional, as it infringes on the religious freedoms of individuals who practice polygamy as part of their religious beliefs. This is a particularly contentious issue, as it raises questions about the balance between religious freedom and the law. Those who argue that Section 293(2) is unconstitutional believe that the provision is a violation of the Charter of Rights and Freedoms, which guarantee the freedom of religion in Canada. In conclusion, Section 293(2) of the Criminal Code of Canada is an important provision that establishes a legal framework for prosecuting individuals who engage in polygamous relationships. While the provision brings clarity to the laws governing polygamy in Canada, some critics argue that more needs to be done to prevent the spread of this practice. Additionally, the constitutionality of the provision remains a contentious issue, as it raises questions about the balance between religious freedom and the law. Overall, the provision highlights the difficulties that arise when trying to strike a balance between individual freedoms and the need to maintain social order through the rule of law.
STRATEGY
Section 293(2) of the Criminal Code of Canada (CCC) represents a unique provision under Canadian law. It is one of the few statutory provisions that criminalize certain types of consensual sexual relationships that do not involve non-consent, force, or exploitation. This provision criminalizes polygamy and polyamorous relationships, and is aimed at preventing the harms that may arise from such relationships. When dealing with this section of the CCC, there are some strategic considerations that need to be made. For example, a lawyer representing someone accused under this provision needs to understand the elements of the offence, the available defences, and the evidentiary requirements. In addition, the lawyer needs to be aware of the implications of a conviction under this provision, including the possibility of imprisonment, fines, and negative social consequences. One of the main strategies that can be employed when dealing with this section of the CCC is to challenge the validity of the provision itself. This can be done by arguing that the provision violates the Canadian Charter of Rights and Freedoms, specifically the sections on freedom of religion, equality, and liberty. The argument can be made that criminalizing certain sexual relationships infringes on the fundamental rights and freedoms of individuals, and that there is no compelling state interest that justifies such infringement. Another possible strategy is to challenge the constitutionality of the provision on the basis of vagueness or overbreadth. Vagueness refers to the fact that the provision is not clear enough as to what conduct is actually criminalized, while overbreadth refers to the fact that the provision criminalizes conduct that should not be criminalized. By arguing that the provision is either vague or overbroad, a lawyer may be able to get the charges dismissed or the provision struck down. Another strategy is to challenge the evidence presented by the prosecution. Since the provision does not require proof of sexual conduct, the prosecution must rely on other types of evidence to establish the existence of a polygamous or polyamorous relationship. This evidence may include statements made by the accused, photographs, videos, or other types of documentation. However, some of this evidence may be inadmissible or unreliable, and a skilled lawyer can use this to their advantage. In conclusion, dealing with section 293(2) of the Criminal Code of Canada requires careful strategic considerations. Depending on the circumstances of the case, a lawyer may employ various strategies, such as challenging the validity of the provision itself, challenging the constitutionality of the provision, or challenging the evidence presented by the prosecution. Ultimately, the goal is to obtain the best possible outcome for the accused, while ensuring that their fundamental rights and freedoms are protected.