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peter12 · 01-22-2009, 08:41 AM

I've heard arguments from both sides.

If the defense is pleading religious persecution, it will inevitably go to the Supreme Court. In order to be struck down by the Charter, the defense must bring significant evidence to prove that the Canadian laws on polygamy are religious in nature, that is, designed to discriminate against Mormons. They would be using the 1986 "Big M Drug Mart" case re. the Lord's Day Act. Indeed, our polygamy law was enacted in the 1890s by the MacDonald government in order to prevent polygamous Mormons from settling in Canada, mainly in Southern Alberta.

The prosecution will have a tough time, but they also have court precedence on their side. A law that discriminates against religious freedom can pass the Oake test if it demonstrates that the law is secular in nature and is designed to protect a certain group of people from another. I can't really remember the case precedent, I think it was a similar case in Ontario, where the court upheld a "secular day of rest law" even though it discriminated in a way towards Orthodox Jews.

Furthermore, the prosecution can also point towards the fact that Mormons were never banned from entering Canada. At no point, did the law discriminate against Mormons. The law explicitly bans polygamous relationships, alot of which at the time happened to Mormon. It can be argued that this was, essentially, secular in nature.

As for where I stand, polygamy is a crime against women. It may not have direct effects, but I believe that it does stand as a sign of long-term social degradation. In my mind it has nothing to do with gay marriage or the equality rights inherent in a marriage. Occasionally, women and men will enter into mutually beneficial polygamous relationships, almost solely because of environment scarcity. The collective relationship brings economic advantages.

However, the vast majority of polygamous relationships, certainly in the case of Blackmore, are strictly about power and harem-building. They are intrinsically unequal in regards to women who are treated, essentially, as property.

01-22-2009, 08:41 AM	#53
peter12 Franchise Player Join Date: Jul 2002 Exp:	I've heard arguments from both sides. If the defense is pleading religious persecution, it will inevitably go to the Supreme Court. In order to be struck down by the Charter, the defense must bring significant evidence to prove that the Canadian laws on polygamy are religious in nature, that is, designed to discriminate against Mormons. They would be using the 1986 "Big M Drug Mart" case re. the Lord's Day Act. Indeed, our polygamy law was enacted in the 1890s by the MacDonald government in order to prevent polygamous Mormons from settling in Canada, mainly in Southern Alberta. The prosecution will have a tough time, but they also have court precedence on their side. A law that discriminates against religious freedom can pass the Oake test if it demonstrates that the law is secular in nature and is designed to protect a certain group of people from another. I can't really remember the case precedent, I think it was a similar case in Ontario, where the court upheld a "secular day of rest law" even though it discriminated in a way towards Orthodox Jews. Furthermore, the prosecution can also point towards the fact that Mormons were never banned from entering Canada. At no point, did the law discriminate against Mormons. The law explicitly bans polygamous relationships, alot of which at the time happened to Mormon. It can be argued that this was, essentially, secular in nature. As for where I stand, polygamy is a crime against women. It may not have direct effects, but I believe that it does stand as a sign of long-term social degradation. In my mind it has nothing to do with gay marriage or the equality rights inherent in a marriage. Occasionally, women and men will enter into mutually beneficial polygamous relationships, almost solely because of environment scarcity. The collective relationship brings economic advantages. However, the vast majority of polygamous relationships, certainly in the case of Blackmore, are strictly about power and harem-building. They are intrinsically unequal in regards to women who are treated, essentially, as property.