Should Polygamy be Criminalized?

Abstract

The question addressed in this paper is whether, in addition to the marriage laws, which do not permit polygamy, and the criminal prohibition of bigamy, Canada should also retain the criminal provision on polygamy, which outlaws the practice of carrying on a conjugal relationship with more than one person. This paper argues that the provision is unnecessary to protect Canada's cultural commitment to monogamy, that it is problematically broad, and that it is not an effective tool in protecting the public interest or preventing harms to women and children.