LEGALIZE POLYGAMY: STUDY

[Khayr]

Ottawa, paid for report that says Charter

might negate criminal ban

National Post, January 13, 2006

 

A new study commissioned by the federal government recommends that Canada legalize polygamy and change legislation to help women and children living in plural relationships.

The paper by three law professors at Queen's University in Kingston argues that a Charter challenge to Section 293 of the Criminal Code banning polygamy might be successful, said Beverley Baines, one of the authors of the report.

"The polygamy prohibition might be held as unconstitutional, Ms. Baines said in an inter-

view last night.

 

"The most likely Charter [of Rights and Freedoms] challenge would be brought by people claiming their freedom of their religion might be infringed. Those living in Bountiful would say polygamy is a religious•tenet."

 

The possibility of a Charter challenge to polygamy laws has added significance since Paul Martin pledged this week that the first act of a new Liberal government would be to remove the federal government's ability to use the Constitution's notwithstanding clause to override

Supreme Court decisions dealing with Charter rights.

(

Translation: Religious priests,imams,guru's etc. have to take a backseat to their Religious Duties and do what the Government commands of them

)

 

Polygamy has been practised for more than 60 years in Bountiful, in southeastern B.C. Last year, the RCMP launched an investigation into allegations of child abuse and sexual exploitation within the fundamentalist Mormon community of I„000 people. No charges have ever been laid.

 

The Martin government commissioned the $150,000 study into the legal and social ramifications of polygamy just weeks before it introduced divisive same-sex marriage legislation.

 

Polygamy has been practised for more than 60 years in Bountiful, in southeastern B.C. Last year, the RCMP launched an investigation into allegations of child abuse and sexual exploitation within the fundamentalist Mormon community of 1,000 people. No charges have ever been laid.

The Martin government commissioned the $150,000 study into the legal and social ramifications of polygamy just weeks before it introduced divisive same-sex marriage legislation.

 

'Why single out this behaviour?'

 

"It is vital that researchers explore the impacts of polygamy on women and children and gender equality, as well as the challenges that polygamy presents to society:'

Sayd Mumtaz All, president of the Canadian Society of Muslims, said last year that he opposes same-sex marriage,

but said if it is legalized in Canada, polygamists would be within their rights to challenge for their choice of family life to be legalized.

"This is a liberally minded country with regards to equal rights, and literally millions live common law," Mr. All said.

 

Multiple marriage is legal in most Muslim countries, be said. But Muslim men who take more than one wife must prove to local courts that they are capable of treating them all equally, Mr. All said.

Chief author of the report Martha Bailey told The Canadian Press that criminalizing polygamy serves no good purpose.

"Why criminalize the behaviour?" she said. "We don't criminalize adultery.

"In light of the fact that we have afairly permissive society,

why are we sin

gling out that particular form of behaviour for criminalization?, Ms. Bailey told The Canadian Press.

Ms. Baines said polygamy is rarely prosecuted. "No one is actually being prosecuted but the provision is still being used in the context of immigration and refugee stuff. People are not being admitted to the country"

She said removing it from the Criminal Code will not force marriage laws to recognize it, but would only remove criminal sanctions.

The report — commissioned by the Justice Department and Status of Women Canada and written by Ms. Baines, B1ta Ama ni and Ms. Bailey — al-so says the criminalization of polygamy does not address the harms that women in polygamous relationships face and suggests Canadian laws be changed to better serve women by providing them spousal support and inheritance rights.

 

"They are denied access to our divorce law... You have a great deal of difficulty claiming your rights with access to children, custody of children and finaneial support for the children" she said. "We are starting to make accommodations for some small things in some of the provinces [such' as] extending support law to women and children in any kind of marriage.

 

"Polygamous marriages are legal in some countries. They come to Canada, the vast majority of them will not know the law and they have no legal protection. They could be prosecuted. Suddenly, they're living in fear."

 

Polygamy, outlawed in Canada but accepted in many countries, typically means a man having several wives at the same time.

 

[xiinfaniin]

Time for Faaraxs to move to Canada then .

[Castro]

^ I'm sure you're on Priceline booking that ticket right now.

[xiinfaniin]

^^Not yet, saaxiib. As tempting as that notion seems to be, I am very meticulous in entering that venture. Of course blackseed has yet to cure that protectiveness trait, which all sisters are inflected upon; an ailment of sort.

[Jacpher]

Utah is closer and less hostile to madmadoobeyaal.

[xiinfaniin]

^^^War Ducaqabow is jir. Meeshaas waa la isku xiraa. Ha isku aadin abidkaa . Haddaba waa kuu sheegay . Cancel that eticket saaxiib, cancel it i say .

[Khayr]

Will Liberal ideals come through for Pro-Polygamists or will liberalism show its biasness towards Religious traditions?

 

Conflicts are sometimes unavoidable-right?