Polygamy laws scrutinized
 
By Robert Matas
The Globe and Mail
 
The British Columbia government has urged Ottawa to toughen the law on polygamy, the province's Attorney-General, Geoff Plant, says.

Members of a fundamentalist Mormon sect who live in the rural community of Bountiful, in southeastern B.C., are believed to be part of the only established colony in Canada that practises polygamy as part of its religion.

Some women who fled Bountiful have repeatedly called for the government to take action against the polygamists they left behind. Canada's Criminal Code says that any kind of marriage or conjugal union with more than one person at the same time is a criminal offence and subject to imprisonment for up to five years.

However, provincial government lawyers say the law conflicts with the right to freedom of religion. They have advised the province that charges of polygamy would likely be challenged under the Charter of Rights and Freedoms, and the Charter arguments would likely win.

In an attempt to clarify the law on polygamy, the province recently began discussions with the federal government on the issue, Mr. Plant said in an interview. "It's too soon to say where we're going to go," he added.

The federal law has to be rewritten to focus on the harm done by polygamy, Mr. Plant also said.

"We need to look at what the research is and determine if there are circumstances where there is harm that should be appropriately responded to by the Criminal Code," Mr. Plant said.

Mr. Plant said legitimate questions have been raised about whether women who enter into polygamist marriages as part of a community lifestyle are doing so voluntarily.
 
theglobeandmail.com
Originally published March 9, 2002
 
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