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Polygamy in Canada: Legal and Social Implications for Women and Children – A Collection of Policy Research Reports
Expanding Recognition of Foreign Polygamous Marriages: Policy Implications for Canada
CONCLUSION
Further recognition of valid foreign polygamous marriages is warranted to ensure that parties to such marriages are not deprived of the legal benefits and protections of marriage. Women are most likely to be in need of and most likely to benefit from further recognition. Further recognition of valid foreign polygamous marriage is not an endorsement of the practice of polygamy, which has long been associated with the inequality of women. This problem should not be addressed by denying “the victims” in valid foreign polygamous marriages the legal protection of marriage. Section 293 of the Criminal Code does not effectively address the harms associated with polygamy or plural unions and may be impugned on constitutional grounds. Therefore, Canada should repeal this provision. It is possible that a constitutional challenge will be brought to the limitation of civil marriage to two persons, and Canada should be prepared for such a challenge.
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