BC Supreme Court contemplates polygamy

[mice34]

Hm. No idea what they'll decide or how long it will take them but I imagine the anti-gay marriage crowd in the US will use this as ammo.

www.cbc.ca/canada/british-columbia/story/2009/10/22/bc-supreme-court-ruling-polygamy-sought.html

The B.C. government is asking the province's Supreme Court to decide whether Canada's anti-polygamy law violates the Charter of Rights, Attorney General Michael de Jong announced Thursday.

The move means Crown prosecutors will postpone their appeal of a recent B.C. Supreme Court ruling that threw out charges against two leaders of a polygamous sect living in Bountiful, B.C.

"Until Canadians and the justice system have clarity about the constitutionality of our polygamy laws, all provinces, including ours, face a lengthy and costly legal process in prosecuting alleged offences," De Jong said in a statement.

"I am proposing to pose two questions. The first will ask the court to determine if [Criminal Code] Section 293 is consistent with the Charter of Rights and Freedoms. The second will seek clarity on the Criminal Code provisions of Section 293. I am confident, given the importance of this matter, the court will agree to hear the questions," De Jong added.

By taking the questions to the B.C. Supreme Court for a ruling, in what's called a reference, the Crown will be able to call witnesses to put a human face on the crime of polygamy, he said.

"British Columbians and Canadians deserve and want to know whether valid laws are in place that prohibit polygamous relationships, particularly when those relationships involve minors. I am asking the court for its direction so the justice system, in B.C. and in Canada, can address the serious social harms that can result from the practice of polygamy," De Jong said.

The Criminal Code's prohibition on polygamy could be held to violate the constitutionally entrenched freedom of religion, or possibly another charter right.

[Mira]

This could potentially be awesome. Hooray for Canada.

[HarleyThomas1002]

And it's only in the exciting part of western Canada.

While I live in the boring central part where you can see your dog running away for three days.

[wackadoodle]

The move means Crown prosecutors will postpone their appeal of a recent B.C. Supreme Court ruling that threw out charges against two leaders of a polygamous sect living in Bountiful, B.C.

You know what would really help the polygamous cause? if just once their was a news story about them that didn't contain the words sect or cult. The first thing everyone thinks upon hearing the words 'leaders of a polygamous sect' is some powermad old men banging abunch of brainwashed teenage brides.

[mnstrm]

The first thing everyone thinks upon hearing the words 'leaders of a polygamous sect' is some powermad old men banging abunch of brainwashed teenage brides.

Which pretty much sums the situation in Bountiful.

[Mira]

I'd at least like to see media portrayal of a healthy polygamous relationship one time. It's usually the type of thing you see on those stupid crime dramas where the mentally disturbed polygamist/transsexual/schizophrenic/autistic (whatever the flavour of the week is basically) kills some fellow.

[HarleyThomas1002]

There's always the polygamist lawyer from Futurama.

[wackadoodle]

Oct 26, 2009 0:10:37 GMT -5 HarleyThomas1002 said:

There's always the polygamist lawyer from Futurama.

"Name a body part and a planet and I've taken a bullet in it, on it"

[Vene]

Oct 25, 2009 23:20:09 GMT -5 Mira said:

I'd at least like to see media portrayal of a healthy polygamous relationship one time. It's usually the type of thing you see on those stupid crime dramas where the mentally disturbed polygamist/transsexual/schizophrenic/autistic (whatever the flavour of the week is basically) kills some fellow.

According to crime dramas, I think I should be dead, because my mates match all of that except schizophrenic.

[lonelocust]

I've actually been waiting for this to come up in the US. While I think it will be quite a while before polygamy becomes legally recognized, right now there's only a few US states where polygamy is a criminal offense, and there haven't been any prosecutions for quite a while. I believe that prosecuting adults for practicing polygamy without trying to claim it legally (that is, having wedding ceremonies and calling themselves "married") would be unconstitutional, a violation of freedom of expression and/or freedom of religion. Just as in a state without legal recognition of same sex marriages, you can still have a wedding and call your spouse "husband" or "wife" if that's what you want to do, you should be able to do so with multiple spouses.

It looks like the BC deal is about this - prosecuting polygamy as a crime, not legally recognizing multiple marriages. Though the "especially those involving minors" seems like they're just trawling for moral outrage. If there are laws about sex with minors, then there are laws about sex with minors.

[Trevelyan]

Yeah if you and your mate want to have more than one mate go for it. Most people would not be able to handle the trust issues and the need for open honest communication.

[JonathanE]

To quote the Northern Magus, Pierre Elliot Trudeau, "It is my belief that the Government of Canada has no place in the bedrooms of the country." This was true in 1967 and is still true, today. Religious polygamy is a difficult thing, though, since it is often the case that younger women, through arranged marriages, are often left without a real choice in the matter. Care must be taken, I think, to protect women from the pressures that can be applied by a closed community on their free choices vis a vis polygamous marriages.

[Oriet]

It's simple: just ensure it's a union between consenting adults, and that all must sign the form so as to show it is fully consentual. Minors are obviously excluded from that as they are not legal adults and so cannot enter into the legally binding contract of marriage anyway, whether it consist of only two partners or more.

[dasfuchs]

I don't see why the anti gay people should be in any way upset. I mean this is pretty much what went on and was part of the norm through the majority of their religion's history

[lonelocust]

They will use it for ammo because they like to say that gay marriage will lead to polygamy (probably true) and acceptance of pedophilia (totally a red herring because it does not relate to consenting adults who are able to enter into legal contracts doing so).