Bring it on
Tuesday, January 31st, 2006Lorna Dueck in today’s Globe and Mail:
For more than 10 years, he [Imam Abdul Hai Patel] said, the [Islamic] council [of Imams] controlled the [polygamy] problem by instructing imams not to perform any marriage without a government licence. However, redefining marriage has given some a green light to exercise their own preferences. “I shouldn’t say this on TV because it’s not popular,” he said, “but there are currently Muslim men in Canada having more than one wife — multiple, bigamous relationships. As an Islamic marriage, this does not require registration. It can be religiously consummated. It is happening in small numbers and it was the Liberal government that opened up this debate.”
Not quite. Canada Criminal Code Section 293:
Every one who
(a) practises or enters into or in any manner agrees or consents to practise or enter into
(i) any form of polygamy, or
(ii) any kind of conjugal union with more than one person at the same time,whether or not it is by law recognized as a binding form of marriage, or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
So then, regardless of what some imams believe, gay marriage hasn’t given them any more power to solemnize polygamous relationships than they had before. What they’re doing is still illegal. People have certainly argued that gay marriage weakens the above-noted law, and I have disagreed vigorously, but that’s not the point here.
One of the most pleasing things about our new Conservative overlords is that (I assume) they would use the notwithstanding clause on any Supreme Court decision in favour of polygamy. Gay marriage is more or less a 50/50 split — 96 percent of Canadians disapprove of polygamy, at last count, and thus legalizing it would be far more egregious a slap in society’s face than legalizing gay marriage.
Ideally I’d like to see this government go further and encourage (to whatever extent it is able) the provinces to prosecute polygamists and/or the religious officials who sanctioned their relationships. British Columbia has always been squeamish about going after the residents of Bountiful on account of a potential Charter challenge, which I’ve never understood — the status quo preserves all the negative aspects of polygamy that the province ostensibly wants to eradicate, and the worst that could happen is that they’d lose. Now that we know such a loss wouldn’t simply expedite legalized polygamy through the Prime Minister’s office, the stakes have been lowered.
