Will Canadian Family Law Cover Polygamy Divorce?

Polygamy and Canadian Family Law

The polygamy trial in British Columbia has been garnering a lot of media attention.

Polygamy is illegal in Canada, but the law is rarely enforced in the province.

One side is arguing that polygamy puts women and children in danger because some religious organizations may force it, while the other side is arguing that polygamy between consenting adults should be recognized as religious freedom under the Charter of Rights and Freedoms.

Will the polygamy ruling be an inclusive Canadian family law ruling?

If polygamy is decriminalized, it will bring up a lot of questions on how Canadian family law will deal with polygamous relationships upon separation. If there is a ruling that eventually decriminalizes polygamy, will it account for the breakup of a polygamous relationship?

How will assets be divided, particularly if one member of a polygamous relationship leaves while two remain? Would the member that left be able to get spousal or child support (which can be granted in some provinces under Canadian family laws for common law couples) if the remaining two are legally married to each other? If a polygamous triad with children were to breakup, Canadian family law should also be able to grant custody fairly among its members if all of them helped raise a child. Seeing as British Columbia is working on legislation that would allow a child to have more than two legal parents, that legislation may be applicable when ensuring fair and equal child custody for polygamous couples. 

Hopefully, no matter what the ruling, consideration is given to developing legislation that would protect all parties involved in a breakup or divorce under Canadian family law.

 

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By heather - Last updated: Sunday, November 28, 2010
Filed in Divorce, Polygamy, separation •


Green Party vote down motion to decriminalize polygamy

Recently, members of Canada’s Green Party attended a polygamy workshop and brought a motion to decriminalize polygamy that was voted down.

Polygamy is a marriage between multiple consenting adult spouses. Polygamy is not be confused with the various polygamist sects or religious cults such as the one in Bountiful, B.C., where there were accusations of domestic abuse, forced marriage and children being married to adults. This distinction was made very clear at the workshop, according to the Toronto Sun.

According to poly-advocate and Edmonton East Green Party candidate Trey Capnerhurst, issues like those seen in British Columbia should be met with criminal charges, but, “we should not be charging people with polygamy,” she said. According to Canadian criminal law, polygamy can result in up to five years in jail but polygamy itself has not been prosecuted for six decades. 

Many Green Party members have stated that polygamy is a human-rights issue, similar to same-sex marriage. A history of polygamy or a polygamist relationship is still on occasion used to deny custody of children in divorce cases.

While geared more towards surrogate parents and sperm donors, British Columbia’s new family law changes that would allow children to have more than two legal parents may leave room for polygamist relationships and increase the rights of polygamist parents, some of which are not biologically related to the child but have strong parent-child bonds and raise the children along with the biological parents.

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By heather - Last updated: Sunday, August 29, 2010
Filed in Divorce, Polygamy, Same Sex Marriage, child custody •