Quote:
Originally Posted by peter12
This is one of the better, more balanced discussions on Calgarypuck that I've ever seen. Everyone has made such great points.
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Totally agree. A credit to CP's membership I think.
With respect to the criminality of polygamy, it might be helpful to set out the Code provision which criminalizes it:
293 (1) Every one who
(a) practises or enters into or in any manner agrees or consents to practise or enter into (i) any form of polygamy, or (ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(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.
On a closer reading, this is a particularly powerful Code provision. It criminalizes not only people who enter into marriages and have sex with multiple partners, but also people who are in multiple conjugal (sexual) unions falling short of marriage, and people who perform the ceremonies or even celebrate at the wedding. And the Crown doesn't have to prove the exact form of the marriage or how it came to pass.
Another interesting article from Osgoode Hall law school from a couple of years back, anticipating the development of the polygamy issue:
Article.