Polygamy In Canada

Decent Essays
Issue 3: Section 293 of the Criminal Code of Canada does not infringe on the Equality Rights listed in section 15 of the Canadian Charter of Rights and Freedoms.
According to section 15. (1) of the Charter “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” Considering the harm inherently associated with polygamous marriages, the limitation imposed by the state to engage in systemically harmful behaviour does not limit the equality rights of those potentially involved in polygamous marriages.

Marriage is at the very centre of the most of the communities practicing Mormonism, such as Bountiful located in British Columbia (Campbell, 6). Based on Mormonism, faith helps them to be closer to God and the role of the marriage is essential is achieving this celestial existence after death (Daynes, 5). Usually, polygamy is considered the prerequisite for Mormonism, however, it is important to note that only after the “New and Everlasting Covenant” plural marriages became common (Ryan 218). According to this new view, the celestial existence
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However, it needs to be taken into consideration that equality rights guaranteed under section 15 of the Charter are not absolute but are subjected to the limitations prescribed by law which the state uses for the purpose to protect its citizens from any potential harms that can negatively impact marginalized groups such as women and children. Moreover, this limitation does not prevent them from practicing Mormonism and achieving the ends of their faith without entering into polygamous marriages which originally wasn’t part of the
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