| Polygamy, the next debate Government launches urgent study as same-sex unions open door to Charter challenges claiming plural marriages are a religious right | |
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By Chris Cobb The Ottawa Citizen | |
Just weeks before it introduces divisive same-sex marriage legislation, the federal government has launched an urgent study into the legal and social ramifications of polygamy. Critics say the study underscores a deep concern in the Martin government that legalized homosexual marriage may lead to constitutional challenges from minority groups who claim polygamy as a religious right. It also suggests that the government is suspicious that multi-marriage is more commonplace in Canada than widely realized. Polygamy, outlawed in Canada but accepted and practised in many countries, typically means a man having several wives at the same time. "In order to best prepare for possible debate surrounding Canada's polygamy policy, critical research is needed," says a Status of Women Canada document. "It is vital that researchers explore the impacts of polygamy on women and children and gender equality as well as the challenges that polygamy presents to society." Conservative party justice critic Vic Toews says there is a direct link between the Status of Women concern and the same-sex marriage legislation due to be introduced by the government in February. "This government understands it has a problem on its hands," said Mr. Toews, a former Manitoba constitutional lawyer. "What they are looking for is evidence to demonstrate that polygamy is inconsistent with Charter and Canadian values. If I was a lawyer prosecuting a polygamist that's the type of evidence I would be looking for." Sayd Mumtaz Ali, president of the Canadian Society of Muslims, said he opposes same-sex marriage but said if it is legalized in Canada, polygamists would also be within their rights to challenge for their choice of family life to be legalized. "This is a liberally minded country with regards to equal rights," said Mr. Ali. "And literally millions live common law." Multiple marriage is legal in most Muslim countries, he said, but a Muslim man who takes more than one wife must prove to a court that he is capable of treating them all equally. He said he knows of some "but not too many" Muslims who live in Canada with more than one wife but knows of no situation where the wives are unwilling, or unhappy, participants in the arrangement. But Mr. Ali said he has not detected any significant support among Muslims for a constitutional challenge. "To my knowledge there is no plan to push for this,' he said. But when same-sex marriage becomes legal, the door will open to more Charter challenges, said Conservative critic Mr. Toews. "Once you change the definition of marriage from one man and one woman and you move to two persons," he said, "what then is the distinction between two persons, or three or more persons? If I was a lawyer defending polygamists, I'd say 'hey this is a constitutional right, a freedom of religion.' Why can't freedom of religion trump this new definition of marriage?" Lawyer Peter Hogg, who argued the federal government's case for same-sex marriage at the Supreme Court of Canada, said he doubts legalizing homosexual marriage will lead to legal challenges from polygamists. "We have to recognize that over time society changes and marriage changes to mirror the attitude, mores and needs of a particular society," said Mr Hogg. "If some kind of cataclysm occurred to make women far more numerous than men for a long period of time then a significant movement might develop to change the institution of marriage to reflect that. But that is unlikely." The fact that bigamy is a crime in Canada is also a huge obstacle for a polygamist launching a Charter of Rights challenge, he said. "I don't think you can say there are any inexorable steps here," added Mr Hogg. "What has sparked the concern over same-sex marriage is a series of Charter decisions holding that opposite-sex marriage discriminates on the basis of sexual orientation and you can't make arguments of that sort with respect to polygamy." Status of Women research director Zeynep Karman said yesterday that the study had been prompted by reports of polygamy at the British Columbia community of Bountiful, which is an offshoot of the Mormon Church. She denied same-sex marriage legislation is the motivating factor. According to reports from several women who have left the community, some Bountiful men have three or more wives and have fathered more than 20 children. They also allege that girls of 14 or 15, raised in what are effectively closed communities, are assigned to marry men who in some cases are 10 to 30 years older. "There has been quite a bit of interest around this issue," said Ms. Karman, "and we have no good understanding of its scope. It is an issue of women being forced into it, if they are forced into it. At the same time we do not want to alarm or exaggerate. We are just questioning at this point." Bountiful leaders, currently being investigated by the B.C. government and police, claim that polygamy is allowed in their religion and that under the Charter of Rights and Freedoms they have freedom to practice their religion. Status of Women's research branch has solicited proposals from universities and other institutions in a detailed document, but mentions only Bountiful as an example of Canadian polygamy. "There are all kinds of theories that women coming from other cultures, where this is acceptable, must be practicing it," she said, "but we have to be very careful that this will not come up as another way to criticize ethnic groups." Ms. Karman said she expects up to three or four research groups to be chosen, but conceded too that exposing polygamy in Canada will be difficult because it is illegal and men with more than one wife will be unlikely admit it. "It's a challenge,' she said. The Status of Women-sponsored research will cost an initial $75,000. The deadline for proposals is Valentine's Day. | |
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canada.com Originally published Thursday, January 20, 2005 | |
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