We have, for a good long while, believed that it might be that people like us, in unconventional families, practicing poly, could look northward to Canada for some sort of refuge from the narrow-minded bigotry that pervades the culture here in the U.S. It seems we may have been very, very wrong. Apparently, according to a post over at Polyamorous Percolations, there is some pretty virulent legal prosecution of polygamists and anyone else that looks even remotely related to polygamy -- all going on in Canada. Here's the text of the Canadian legal code that is being used to prosecute members of a small Mormon polygamist sect:
Section 293 of Canada's Criminal Code:
(1) Every one who
(a) practices or enters into or in any manner agrees or consents to practice or enter into
(i) any form of polygamy, or
(ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii), is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Evidence in case of polygamy
(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.
Sigh. No refuge there.
swan
I don't understand why people care so much about what other people do. I do care about you, and am very sorry for the way narrow-minded opinions affect you.
ReplyDeleteBe strong, you are so much more than folks like these could ever begin to appreciate.
huggggggggg
Tapestry
It does seem they have done their best to cover all the bases. So sad that people cannot just live and let live.
ReplyDeleteAlice
i thought our dearly beloved Trudeau told government to "stay out of the bedroom" ... guess i was wrong..
ReplyDeleteoh well... time to look for an island i think swan.. somewhere where we can all live in freedom.....
(BIG sigh)
morningstar (owned by Warren)
actually, Swan, while I agree with adults choosing their lifestyle, comparing a famly like yours with the polymist sects being prosecuted is apples and VEGETABLES - completely different.
ReplyDeleteYour choices were based on the agreement of consenting adults, choices from rational people, aware people, and NOT based on religious or cultural or other grounds (at least that is my understanding).
What they are prosecuting are so-called religious sects - where polygamy (the type to which I object) is ALWAYS somehow an older man with VERY young - I'm talking CHILDREN here, numerous wives. Children not given a chance to make a choice. Children innundated with dogma and with freedoms circumvented by the ravings and demands of adults who shoudl abe protecting and nurturing them - not raping them, not making nieces marry uncles, 12 year olds given to 60 year olds ...
sorry, that type of polygamy I have NO use for.
Hi Selkie --
ReplyDeleteI am so glad to have you here commenting. Please feel free to join in the conversation anytime.
I agree with you in the case of polygamist sects where women and children are abused and held captive within a system of patriarchal religious craziness. However, the law as cited here and within the article at Polyamourous Percolations makes it clear that any kind of non-traditional form of marriage is liable to prosecution, and along with the participants, so is anyone who has any part in celebrating or supporting such unions.
I understand the need to create and enforce laws that protect children from abusers. I think that, in fact, we generally have such laws. I do not understand why the need and intent to protect children should be used as cover to discriminate and marginalize relationships that are in no way harmful to anyone. In fact, I'd argue that the cause of the harm here is NOT the existence of non-traditional family structures. The cause of the harm is the continued existence and support of religiously based craziness. Why, I wonder, do we not outlaw the practice of all religion in order to protect children from abuse?
swan
Selkie, welcome ot our Blog. It is great to have you here with us and to have your perspective.
ReplyDeleteI am going to have to disagree with you on this one. Please do not misunderstand me. I have nothing but the greatest of antipathy for anything non-consensual being foisted onto adults, or any sort of sexual exploitation or other sort of abuse of children. I think laws forbidding and preventing such heinousness are appropriate and to be lauded.
This law does not address these behaviors at all. It forbids any conjugal relationship between more than two adults at a time. It goes so far as to consider anyone who even so much as relates to people invovled in poly conjugal intentional families to be equally as guilty as the actual participants in the family. It says that our family, if we lived in Canada, would be criminals.
I have no particular use for the religious cults who practice polygamy. I find their lifestyle, their politics, and their theology reprehensible. However I also beleive you have a right to base your life on whatever sort of philosophical or theological precepts you choose (whether I happen to like them or not) so long as you do not exploit or harm others or try to impose your beleifs on others (including through law.)
I found it interesting last summer when the Texas authorities stormed a polygamous community and hauled off all the children who lived there, eventually there was no evidence to sbstantiate any of the alleged child abuse, forced sexual liason, forced marrriage. Eventually the children who lived there had to be returned to their families. I have no particular use for that community and think it is likely a cult. Those who live there however should have the absolute right to live there as they choose (so long as they in fact do CHOOSE) to do so.
This law, likely is aimed at addressing the evils you mention. What a shame it is that it doesn't directly ban child abuse, and forced sexual liaison and marriage, instead of assuming that any adults who choose to be together as a family of more than two, are inherently degenerate and exploitive.
We really had seriously discussed emigrateing to Cancada. Thank god we didn't make that move and jump from the frying pan to the fire. We might well be serving our five years in prison now. Oh well at least we know we'd have free health care:)
All the best,
Tom
Go confidently in the direction of your dreams. Live the life you've imagined.
terrifying...
ReplyDeletemelissa
Hi,
ReplyDeleteJust so you know the prosecution has been critized here and there is considerable legal opinions that it will fail. The issue is that in the Bountiful community the practice of polygamy has been alleged to involve underage girls and there are all significant social problems being experienced by those termed 'lost boys' who are forced out of the community generally with few skills to prevent too much competition for younger wives. Its really unfortunate that the goverment hasn't tried harder to prosecute based on other laws since it is the question of a lack of informed consent and coercion associated with the community practices that have been of concern within the province as a whole. Like the U.S. Canada is a big place and you'll find attitudes differing significantly in various communities across the country
just got back to read this. How interesting it is once one looks into it!
ReplyDeleteSwan, I am indeed with you! As far as I'm concerned, religion, any relgion, causes FAR more harm than good in life.
It very much looks they are tarring everyone with the same brush and I join with you and Raheretic in condemning it. I very much think it is a case of not being specific ENOUGH.
the polygamistic sect in BC has been a thorn in the side of the authorities for MANY years and there have been numerous complaints about some of the practices. But based on Raheretic's excellent synopsis, I have to agree they are targetting the WRONG thing.
I would definitely support a polygamous marriage between CONSENTING adults just as I have supported gay marriages.
And thank you BOTH for your very lovely welcome! I have been a 'lurker' for a very long time and finally decided to jump in!