| About this site |
| About us |
| Our beliefs |
| Is this your first visit? |
| Contact us |
| External links |
| Visitors' essays |
| Our forum |
| New essays |
| Other features |
| Buy a CD of this site |
| Vital notes |
| Non-theistic beliefs |
| Atheism |
| Agnosticism |
| Humanism |
| Other |
| Spiritual/ethics |
| Spirituality |
| Morality & ethics |
| Absolute truth |
| Peace/conflict |
| Attaining peace |
| Religious tolerance |
| Religious freedom |
| Religious hatred |
| Religious conflict |
| Religious violence |
| Laws and news |
| Religious laws |
| Religious news |
Sponsored links
|
|
 | One man and two or more women participating in a marriage-like commitment
ceremony. |
| Five adults engaging in a ritual to sign an agreement to
create an intentional community.
|
|
A group of university students of both genders signing a joint lease on a
house in a student ghetto, in the expectation that some relationships may well develop among the group.
|
| A man who is married to one woman and has carried on a long-term adulterous relationship with another. |
Polygamy has been openly practiced in British Columbia (BC) for many decades by members of the Fundamentalist Church of Jesus Christ of Later Day Saints (FLDS).
It is less openly practiced by a minority of Muslim families scattered across Canada. In 2008-MAY, Toronto imam, Aly Hindy, told the Toronto Star that he had officiated at or "blessed" more than 30 polygamous marriages over the past five years. 3
Brian Hutchinson of the National Post newspaper commented on Section 293:
"... some legal scholars say it is unfair, illogical and anachronistic."
"Written in 1892, Section 293 prohibits individuals from entering into a 'conjugal' relationship with more than one person at a time. This applies formal marriages as well as common-law relationships, but not to adulterous ones."
"In other words, it's a crime to have more than one 'spouse,' as loosely as that term is now defined, but it's not a crime to have intimate relationships with more than one partner, simultaneously. Still, there is no popular movement afoot to strike or alter the existing law."
"Until recently, there's been little desire to apply it. For years, legal experts and special prosecutors have advised B.C. attorneys-general not to lay polygamy charges in Bountiful, on grounds that Section 293 would not survive a constitutional challenge. The Canadian Charter of Rights and Freedoms guarantees religious freedom, within reason. It has been the opinion of many scholars that polygamy, as it has been practiced for decades by Fundamentalist Church of Jesus Christ of Latter Day Saints members in Bountiful, would survive the legal test of reasonable religious practice." 4
If Section 293 were declared unconstitutional because it unduly restricts
religious practice, there is a good chance that the federal government might
invoke the "not-withstanding" clause to
re-criminalize polygamy.
This clause, to our knowledge, is unique in the world. It enables the federal
government or a province to pass legislation that knowingly violates the
Canadian Charter of Rights and Freedoms -- Canada's constitution, as long as
the bill states that it is in direct conflict with the Charter, and as long as a
new not-withstanding bill is passed every five years. It has been used only
once: Quebec passed Bill 101: the
"Charter of the French Language" in 1977. It banned commercial signs written
in English on the exterior of stores, even if the proprietor and public prefer
multi-lingual signs.
In 2009, a reference case was filed with the British Columbia Supreme Court to test the constitutionality of Section 293 of Canada's Criminal Code -- Canada's anti-polygamy law. The court ruled that the law, as applied to the fundamentalist Mormon form of polygamy is constitutional. However, Chief Justice Bauman commented that an egalitarian form of polygamy called polyamory, that does not include the various forms of abuse found in fundamentalist Mormon types of polygamy, should be legal as long as the persons involved refrain from celebrating marriage ceremonies.
Laws concerning polygamy in other countries:
- Most Muslim authorities interpret the sayings of
Muhammad as permitting a Muslim male to marry up to four wives, as long as he
can treat them equally and be able to afford a reasonable quality of life for all. Polygyny -- the marriage of one man and multiple women
-- continues to be practiced in many predominately Muslim countries. However,
such marriages remain in a minority. Polyandry -- the marriage of one woman and multiple men
-- is forbidden.
- Norway, Britain, and some other European countries are making allowances for the
practice of polygyny among their Muslim families, most of whom have immigrated
to the West from North Africa, the Middle East, and the Far East.
- An unusual event occurred in Britain in late 2011. Emily DiSanto, 25, an American neopagan woman, became pregnant, came to Britain on a visitor's visa, and started to live with the father-to-be and his wife. All three are neopagans and worship a pantheon of Norse deities including Odin and Thor. The court learned that the Caulfields were no longer living as "man and wife" but are sharing a home together. The religious beliefs of the married couple, Alan and Anne-Marie Caulfield, prohibit divorce. Government officials denied Emily's request to stay in the country. She appealed the decision twice and finally won her case on the basis that forcing her to return to the U.S. would violate her human right to a family life. A government spokesperson said:
"We are disappointed by the court’s decision in this case. For too long Article 8 has been used to place the family rights of immigration offenders above the rights of the British public. This is why we will change the immigration rules to reinforce the public interest in seeing those who have breached our immigration laws removed from this country." 6
It is unclear exactly what rights of the British public were bent out of shape by the three adults living together with their two children.
References used:
- "Unofficial versions of the Criminal Code of Canada, sections 279 to 317," at: http://lois.justice.gc.ca/
- "Polygamy in Canada: Hunting Bountiful. Ending a half a century of exploitation," The Economist, 2004-JUL-8, at: http://www.economist.com/
- Lena Sin, "Polygamy in Canada stretches beyond Bountiful," Canwest News Service, 2009-JAN-08, at: http://www.nationalpost.com/
- Brian Hutchinson, "Polygamy and the legal wrangling that surrounds it. Blackmore case tests constitutional law," National Post, 2009-JAN-09, at: http://www.nationalpost.com/
- "Let's talk about polygamy," National Post, 2009-JAN-09, at: http://www.nationalpost.com/
- David Barrett & Claire Duffin, "Pagan wins 'family life' human rights case," The Telegraph, 2011-DEC-18, at: http://www.telegraph.co.uk/
|
Home > "Hot" topics > Marriage > Polygamy > here, or |
|
Home>Religious info>Basic religious info>Religious practices>Marriage>Polygamy>here |
Copyright © 2006 to 2011 by Ontario Consultants on
Religious Tolerance
Originally written: 2006-AUG-20
Latest update:
2011-DEC-23
Author: B.A. Robinson
Sponsored link
|
|
Page Translator:
Sponsored links: