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Wally Oppal |
The current debate over whether it is right for a man to have more than one wife is centered on the polygamous commune in southeastern B.C. Here, outside the town of Creston in a place called Bountiful, a patriarchal society belonging to the Mormon splinter group called the Fundamentalist Church of Jesus Christ of Latter Day Saints has practiced what it preaches in notoriety for over 60 years.
Over the decades, despite media scrutiny, police reports, sexual abuse investigations and your government funding a school on the commune, politicians have dithered on what to do with the polygamists who are openly flouting the law.
Polygamy has been illegal in Canada since 1890, but successive B.C. governments did not want to upset the polygamous sect. They made some noise about it when in opposition, but fell silent when they got to power.
Now B.C. Attorney General Wally Oppal wants to bring the polygamists to court to challenge a legal belief held by his predecessors; that the men from the Bountiful commune have a constitutional right to have multiple wives.
The move is lauded by those who see plural marriages as a violation of the equality of the sexes and chastised by others who feel the state has no place in the bedrooms of its citizens.
The polygamy challenge has also triggered a murmur of protest by new Canadians who feel any ban on multiple wives will violate their religion and traditionally held values.
From Africa to India to East Asia and the Middle East, the practice of having more than one conjugal partner, either overtly or covertly, is a way of life. The Koran permits a Muslim man to have up to four wives and the Canadian Society of Muslims estimates there are several hundred Muslim men with multiple wives in Canada.It is common knowledge that many men from China, Japan, Korea, Hong Kong and Taiwan keep concubines or mistresses.
In some South Asian cultures, men marry their sisters-in-law after their brothers die.
In Canada, the enforcement of the anti-polygamy law is at best schizophrenic.
Immigration Canada has consistently denied applicants with multiple wives from China and Kuwait, while allowing groups of sister wives from the U.S. to stay in B.C. on humanitarian grounds.
Given the notion that the traditional held view of a monogamous relationship or “Christian” marriage has little relevance in an increasingly permissive, secular and multicultural Canada, Wally Oppal’s crusade against polygamy is likely to backfire.
While Canadians abhor gender inequality, coercion and other nastiness associated with polygamy, the Supreme Court will not deny the Charter of Rights to consenting adults.
The more likely scenario is that the men of Bountiful will emerge winners and martyrs in this test on polygamy. And then surely polygamous immigration will follow.
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Polygamy
What makes the writer feel that the Supreme Court of Canada will legalize polygamy? On 18th October 2002 Canada ratified the Protocol on the UN Convention on the Elimination of All Forms of Discrimination Against Women (Equality in Marriage and Family Relations) , which it is legally obligated to uphold. Sections 16 and 39 state that polygamy contravenes women's equality rights and also harms their children. Ally this with sections 15 and 28 of the Charter, which guarantee women equality with men, and with the International Covenant on Civil and Political Rights, which Canada has also ratified, and which states that everyone is entitled to practise their religion -- BUT ONLY TO THAT POINT WHERE THOSE PRACTICES START TO CONTRAVENE THE RIGHTS OF OTHERS, then polygamy is not the shoo-in the writer seems to think. Polygamy comes from the dark ages when men treated women as chattels, and collected them as concubines in harems, in the same way that they might collect cattle or cars. But the year is now 2010AD not 2010 BC. Goodbye polygamy, and good riddance.
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Canada invites polygamists to live in Saskatchewan
Saskatchewan Canada developed a unique in Canada Section 51 of Family Act that allows Polygamy .
This is the first province in Canada to allow multiple simultaneous conjugal unions and also to openly defy Federal laws against Polygamy.
Saskatchewan has a long history of requiring immigration to boost a flagging economy and under the moral and economic leadership of Brad Wall, the Saskatchewan Premier, polygamists can live secure and safe within Saskatchewan law while contributing to Saskatchewans' people count.
No consent to be a spouse is required as well. Persons who wish to create more spouses can do so even while they are married to others and they cannot be charged with a criminal offence.
Saskatchewan has proved that even a small province may defy Federal Criminal Code laws. The ability to do so can greatly improve a small provinces capacity to create legal loopholes at will which is good for Canada as it allows individual provinces to opt for whatever laws they choose to enforce or create.
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