Southern Alberta Council on Public Affairs (SACPA)

According to section 293 of the Criminal Code of Canada, it is illegal for people to practice polygamy. Under s. 293, not only is any form of polygamy illegal but any type of polygamous union that purports to result from a rite of polygamy is illegal. Despite this prohibition, there is a community of polygamists in British Columbia called Bountiful which, to date, the authorities in British Columbia have refrained from prosecuting. The apparent rationale for the non-prosecution of polygamy practiced by Bountiful members has been a belief that s. 293 would not withstand a challenge under the freedom of religion provision, section 2(a), of the Canadian Charter of Rights and Freedoms. Could it be argued that the anti-polygamy provision in the Code impinges on the freedom of religion for the residents of Bountiful? Are the harms associated with polygamy significant enough to justify a limitation on freedom of religion? Would s. 293 survive a Charter s. 2(a) challenge? Speakers: Pamela Dos Ramos, M.A. (Co