Criminalization of Polygamy in Canada: Historical, Legal and Sociological Analysis

Abstract

Abstract:The Canadian Criminal Code criminalizes the act of polygamy pursuant to s.290, and bigamy (another act which is similar to polygamy) pursuant to s.293 under the assumption that such practices have an adverse impact on women and children. However, the history of the criminalization of polygamy in Canada suggests that it was enacted deliberately to marginalize a particular minority group. This paper is divided into four chapters. Chapter I discusses the historical background of polygamy and indicates that the criminalization of polygamy in Canada was an adoption of the American legal approach to Mormonism. Chapter II analyzes the provisions of the Canadian Criminal Code and demonstrates that the criminalization of polygamy significantly limits the rights and freedoms of individuals that are protected under the Charter. It also argues that the limitation of those rights and freedoms are so severe that they cannot be justified in a free and democratic society. Chapter III discusses the social aspects of the criminalization of polygamy. It describes how prohibition on polygamy creates an adverse impact on the society and promotes inequality and discrimination in the name of equality. Chapter IV provides a summary of the benefits that can be achieved if polygamy is legalized in Canada. It is almost impossible to imagine a society without marriage, due to its significance in human livelihood and social activity. While there is no question of the importance and significance of marriage, it is highly debatable how many times people should be allowed to get married. This paper primarily focuses on this debate, and takes a position in favor of polygamy. KeywordsThere are various biological, legal, and sociological definitions of polygamy. For the intents and purposes of this paper, polygamy shall be defined as a relationship in which more than two partners are involved. 2 Although, both men and women might practice polygamy, it is predominantly characterized as a family system in which men take multiple wives. 3 This patriarchal system is also known as polygyny. 4 Polyandry, on the other hand, refers to situations in which women take on multiple husbands. 5 In this paper, the word "polygamy" is used to refer to both polygyny and polyandry, since this is gender-neutral terminology. However, in few instances, this paper explicitly uses the word polygyny and polyandry to specify the subject of discussion. This paper does not take a favor the legalization of polygyny over polyandry, or vice 1 Elizabeth Peters, Claire M. Kamp Dus, Marriage and Family: Perspectives and Complexities (New York: