Polygamy Outline
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Western University *
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Course
2545
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by CountFerretPerson170
Polygamy
Major Questions:
1. What is polygamy? How is polygamy treated under Canadian law?
2. While public discourse around polygamy has focused on Muslim polygamists,
the practice of polygamy has a much longer history. Who were Canada’s first
polygamists?
3. What is Bountiful, British Columbia? How has Canada’s legal framework that
criminalizes polygamy been used to address polygamy in Bountiful?
4. What was the legal issue before the Supreme Court of British Columbia in
Reference re: Section 293 of the
Criminal Code of Canada
? What happened in the
aftermath of the case when the Court declared that s.293 was constitutional?
5. What arguments do proponents of polygamy’s criminalization advance to justify
s.293 of the
Criminal Code
?
6. What is polyamory? How is it treated at law? How does it differ from
polygamy?
Terms:
polygyny
Zero Tolerance for Barbaric Cultural Practices Act
(2015)
Immigration and Refugee Protection Act
(
IRPA
)
inadmissible to Canada
Canadian Bar Association
Charles Card
freedom of religion, s.2(a) of the
Canadian Charter of Rights and Freedoms
Reference re: Section 293 of the Criminal Code of Canada
(2011) (BCSC)
reference case
Warren Jeffs
FLDS Church (Fundamentalist Church of Jesus Christ of Latter-Day Saints)
James Oler (FLDS)
Winston Blackmore
R.
v.
Labaye
(2005) (SCC)
keeping a common bawdy-house for the practice of acts of indecency
polyamory/Polyamory Advocacy Association
Criminal Code
(R.S.C., 1985, c. C-46)
293
(1)
Every person is guilty of an indictable offence and liable to
imprisonment for a term of not more than five years or is guilty of an
offence punishable on summary conviction
who
o
(a)
practises or enters into or in any manner agrees or consents to
practise or enter into any form of polygamy or
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
o
(b)
celebrates, assists or is a party to a rite, ceremony, contract or
consent that purports to sanction a relationship mentioned in
paragraph (a).
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