Looks like the polygamy debate’s getting more attention in Canada. It seems like the legalization of polygamy is the logical next step after same-sex marriage. Why should we stop someone from having more than one spouse? To each his own.
Daniel Keyes
Communication is my specialty
It it seems that the problem with Blackmore’s case is those people who just don’t understand and accept that a polygamous marriage could be successful. Look at monogamous marriages – what percentage of those don’t work?
And apart from freedom of religion, the courts also argue about the harm inflicted on others in the relationship. But who are the courts to decide? Like you said Dan, to each his – or her – own.
The vague legislation itself can’t argue against Blackmore, but those who don’t like it will try.
Toronto Star Article
A many-ringed circus by Tracey Tyler: Check out the full story at http://www.thestar.com/article/590948#
Even if the law withstands a Charter challenge on grounds of religious freedom – it’s expected the main legal battleground will be religion – Ryder believes there’s virtually no chance it would survive an attack on its vague language, which potentially makes criminals out of a wide swath of Canadians.
“It’s ludicrously broad,” he said.
While the Ontario Court of Appeal ruled in a 1937 case the provision does not apply to adultery, what constitutes a “conjugal relationship” under the law today is quite vague, and it shouldn’t be left to prosecutors and judges to define a “polygamous” union, Ryder contends.
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A ban on polygamy has been part of the Criminal Code since it was created in 1892.
Back then, the provision was sandwiched between prohibitions on abducting an heiress and having “intoxicating liquor” aboard Her Majesty’s ships.
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But judges of the Supreme Court have also spoken quite powerfully about how freedom of religion doesn’t encompass the right to inflict harm on others, said Lorraine Weinrib, a University of Toronto law professor.