Wednesday, August 08, 2007

Polygamy in Canada

I was going through the usual newspapers today when I came across an article in CNEWS questioning recent legal decisions regarding Polygamy in BC. I'm sure you've heard by now about the Bountiful community in BC. It's an orthodox Mormon community that embraces having multiple wives, to the point of claiming it's some sort of sacrament. For the life of me, I can't understand why any man would want more than one woman. All kidding aside, this poses an interesting problem for Canada's justice system and whether or not the government should indeed concern itself with the bedrooms of the nation.

They're not the only men to have more than one woman. Here in the rest of the world, we call them adulterers. Personally, I think a man who cheats on his wife is a despicable man-whore. This, however, is different. These marriages are open, for lack of a better term. Well, that's what we'd like to think. Some parts of the world, notably in Africa, do embrace this lifestyle but its not common. Biologically, humans are semi-monogamous. We may have multiple mates during our lives but usually we only have one at a time. Whether the person is heterosexual or homosexual doesn't matter; the rule still applies. Therefore, we can consider this semi-monogamy to be normal. Therefore polygamy is not normal. Of course, you'll have people who will dispute that, vigorously, whether they believe in it or not.

The problem with the Bountiful community however is the attitude they share towards women. They are radical Mormons linked to a similar sect in the US. In fact, that US sect's leader was on the FBI's most wanted list for numerous charges including abuse. He was arrested a few months back. There have been numerous proven cases where women and young girls are being abused sexually in these communities. Girls in their early teens are often being forced to marry much older men. In that community they call it a sacrament, in our world we call it pedophilia. Women have little to no rights in these purely patriarchal communities and they often end up abused or neglected.

Another problem is that the law is unclear. Or is it? Even if the laws concerning polygamy itself are uncertain, the laws concerning abuse and pedophilia are very clear. They're indictable offences. Many of these problems are stemming from the concept so by association, polygamy is and should be illegal. There are some questions as to whether anti-polygamy laws would stand up against a Charter challenge based on Section 2's guarantee of freedom of religion. I think the law would stand. According to the Rastafarian religion, marijuana smoking is a sacrament but we don't allow them to do that. Pedophilia and sexual abuse are far worse acts than smoking weed. If pot smoking is considered to be a reasonable limit on freedom of religion, then certainly the abusive acts that happen in these polygamous communities are. It's not an issue of discrimination sexual identity like gay marriage was. It's a question of protecting people in situations where they cannot protect themselves.
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