Bauman found that the law is constitutionally sound, except as it applies to children between 12 and 18 who marry into polygamy or enter into a conjugal union with more than one person at the same time.
The judge found the law prohibiting polygamy is inconsistent with the Canadian Charter of Rights and Freedoms for children who marry into polygamy before the age of 18.
Although the judge wasn't asked to grant a constitutional remedy, Bauman suggested the "substantially constitutional" law should be "read down" concerning the term "everyone" in Section 293 of the Criminal Code to exclude from potential accused persons children under 18.
"Women in polygamous relationships are at an elevated risk of physical and psychological harm," Bauman said in his 357-page ruling.
"They face higher rates of domestic violence and abuse, including sexual abuse."
The judge added: "Early marriage for girls is common, frequently to significantly older men. The resultant early sexual activity, pregnancies and childbirth have negative implications for girls, and also significantly limit their socio-economic development."
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4 comments:
A good ruling, I think. I have misgivings about applying it to consenting polyamorous adults and would suspect it won't be used except in cases where abuse is present. I also wonder whether police, prosecutors, or the courts will have the balls to apply this to non-Christian-ish religionists? Will we stop allowing men from certain countries to bring in their wife and "nanny", or cousin, or other code-word for second wife?
We'll see what the appellate courts think. There are still two levels to go. Im not convinced by Chief Justice Baumann's reasoning. I still think the criminal prohibition (as opposed to state recognition) is overly broad. This isnt over.
The solution for polygamists is perhaps not to get married and live as though they are. For many unmarried couples marriage is just a piece of paper anyways.
It is not a crime to live with three woman and father many children from each of them.
Should that relationship be prevented? Are these women and children not at risk?
It is not a crime to live with three woman and father many children from each of them.
Actually, I think it is. That would be why the Polyamoury association was concerned about the law. Maybe our host/lawyer could enlighten us but I think it is covered under common law.
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