I’m somewhat surprised that the court upheld the existing law: I’d expected them to strike it down as overbroad.
Polygamy remains a crime in Canada, B.C. Supreme Court Chief Justice Robert Bauman ruled Wednesday. In his ruling, Bauman said the law violates the religious freedom of fundamentalist Mormons, but the harm against women and children outweighs that concern.
Bauman reserved judgment on the landmark case in April, after hearing 42 days of legal arguments during the unusual reference case, with opposing parties arguing the right to religious freedom and the risk of harm polygamy poses to women and children.
The constitutional issue was referred to the B.C. Supreme Court by the provincial government after polygamy charges laid against Bountiful, B.C., Mormon leaders Winston Blackmore and James Oler were stayed in 2009.
While this particular case involved Mormons, the majority of people whose marital arrangements would be affected are Muslims: there are an unknown (but growing) number of polygamous marriages among recent Muslim immigrants to Canada. If the existing law had been struck down, there would have been a scramble among regional and local government agencies to cope with the expected increase in demands for appropriate housing and support from newly legal multi-spouse families.
