Polygamy remains illegal in Canada under Section 293 of the Criminal Code. This law criminalizes any conjugal union involving more than one person simultaneously.
Penalties reach up to five years in prison. Yet beneath this clear prohibition lies complexity around religious freedom, victim protection, and what actually constitutes a prosecutable relationship.
Quick Takeaways:
- Current Law: Section 293 criminalizes any conjugal union with more than one person (up to 5 years in prison)
- Constitutionality: The 2011 Supreme Court reference upheld the ban, citing harms to women and children
- Religious Freedom: Courts rule that gender equality takes precedence over religious practice
- Victim Protections: Individuals in these unions retain family law protections, like child support
Defining Polygamy: Bigamy vs. Polygyny vs. De Facto Unions
Polygamy encompasses multiple forms of multi-partner relationships, each with distinct legal implications. Understanding these differences matters when examining Canadian law.
Bigamy specifically means entering a second legal marriage while still married to another person. Section 290 of the Criminal Code targets this formal act.
The penalty reaches up to five years’ imprisonment. This requires actual marriage ceremonies or licenses.
Polygyny involves one husband with multiple wives. This represents the most common form globally and in documented Canadian cases. Polyandry reverses this pattern with one wife and multiple husbands. Both fall under polygamy prohibitions, though polyandry rarely appears in prosecutions.
Section 293 extends beyond formal ceremonies. The law prohibits “any person who, being married, enters into any other marriage or union, or pretends to enter into such, or lives with another person in a marriage-like relationship while married to someone else.” No second marriage license is required for charges.
De facto unions qualify as prosecutable.
Courts examine shared finances, public presentation as spouses, child-rearing roles, and sexual relationships. These factors determine “marriage-like” status. The law captures informal arrangements that mimic marriage without formal registration.
Note: Polyamory differs from criminal polygamy. Consensual non-hierarchical relationships between adults typically avoid prosecution.
The law targets hierarchical, patriarchal structures that create dependency and inequality.
The History of Polygamy in Canada
Canada’s polygamy ban dates back to 1892. The prohibition stems from British common law and early concerns about Mormon migration from the United States.
For over 127 years, the law remained largely dormant. Then the early 2000s brought the spotlight to Bountiful, British Columbia. This remote community, connected to the “Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS), housed polygynous families.”
Winston Blackmore led the most prominent case. He maintained relationships with 24 wives and fathered over 100 children. RCMP investigations began in 2005. Courts convicted Blackmore in 2017 on one bigamy count. He received six months’ imprisonment.
James Oler faced polygamy charges in 2024 alongside child sex exploitation convictions. This marked a rare dual prosecution. According to Pamela Cross, these cases represent only four notable convictions by 2026 despite the law’s 127-year existence.
Beyond Mormon sects, investigative journalism uncovered additional patterns. CBC’s The Fifth Estate documented “shadow” marriages in some Muslim diaspora communities. Imams perform unrecorded nikah ceremonies, enabling polygyny under religious guise.
These practices evade formal registration but violate de facto prohibitions.
Convictions remain extremely rare.
Evidentiary challenges complicate prosecutions. Prosecutors exercise discretion, focusing on cases involving abuse rather than consensual arrangements. Public sentiment shows 82% opposition to polygamy according to 2025 polls. This sustains legislative inertia despite calls from some advocacy groups for decriminalization.
The 2011 BC Supreme Court reference exhaustively reviewed polygamy’s history. The Attorney General requested this constitutional examination. Courts affirmed the ban’s roots in protecting vulnerable groups from exploitation.
Why Is Polygamy Illegal in Canada? Gender Equality vs. Religious Freedom
The prohibition balances competing Charter rights. Section 2(a) guarantees religious freedom. Yet Sections 7, 15, and 28 address security, equality, and gender equality.
The 2011 reference case examined evidence from sociology, anthropology, and criminology. According to Zukerman Law, courts concluded polygamy undermines dignity, particularly for women and children in patriarchal arrangements. Gender equality takes precedence over religious exemptions that perpetuate inequality.
Emotional and Psychological Harms
Emotional harms affect co-wives through rivalry, jealousy, and mental health strain. Bountiful survivors provided testimony documenting these effects.
Children face behavioural issues, including aggression and attachment disorders. Divided parental attention exacerbates these problems.
Social Consequences: The “Lost Boys” Phenomenon
Social consequences extend beyond individual families.
FLDS communities expelled teenage boys called “Lost Boys” to limit competition for wives among elders. These excommunicated youth face poverty and crime risks. This phenomenon creates surplus males with limited support systems.
Health Risks for Young Women
Health risks particularly affect young women.
One report shows that that underage brides in polygynous unions show higher rates of early sexual activity and teen pregnancy. Power imbalances within these relationships increase STI risks.
Young women lack the autonomy to negotiate safe practices.
Economic Dependency and Limited Options
Economic dependency traps women in polygamous relationships. Women serving multiple family units rarely participate in the workforce. Domestic responsibilities consume their time and energy. This creates complete financial dependence on their husband.
Women in these situations face impossible choices. Leaving an abusive relationship means abandoning financial security. They lack job experience, independent income, or savings. Many stay trapped because they cannot support themselves or their children alone.
These widespread harms convinced courts to maintain the absolute ban. Religious accommodations were rejected because they would perpetuate these inequalities.
Parliamentary debates in 2026 continue to support the prohibition. The legal framework remains unchanged and stable.
Expert Insight: The Supreme Court prioritized protecting vulnerable individuals over accommodating religious practices that create systemic inequality.
How Canadian Polygamy Laws Affect Immigration and International Marriages
Canada’s immigration framework strictly enforces monogamous values. The system recognizes only the first polygamous marriage from countries where the practice is legal.
Applicants from Saudi Arabia, Nigeria, or other nations permitting polygamy face clear limitations. Immigration officers recognize the first spouse for family class sponsorship. Additional partners cannot obtain family class visas.
IRPA Section 36 creates inadmissibility for criminality. Entering Canada with multiple partners risks Section 293 activation at ports of entry. CBSA officers probe conjugal ties during screening.
Foreign polygamous marriages receive limited domestic recognition. Courts may validate the first marriage for divorce or inheritance proceedings. Additional marriages remain void. This complicates spousal support calculations and property division.
A 2025 Federal Court ruling upheld this approach. Judges prioritized public policy against inequality over recognizing foreign legal traditions. The decision affects thousands of applicants annually.
Dual intent applicants face heightened scrutiny.
These individuals seek work permits while sponsoring family members. Immigration officers examine relationship histories closely. Past marriages in polygamous jurisdictions trigger additional investigation.
Humanitarian exceptions exist through refugee streams. Individuals fleeing abuse in polygamous marriages can seek protection. However, benefits and sponsorship rights are capped at one spouse.
This policy deters “polygamy tourism” while supporting genuine refugees.
Rights and Support: If You Are in a Polygamous Union
Despite criminal prohibition, participants retain fundamental protections. The law recognizes that individuals in these relationships deserve support and safety.
Children’s Rights and Support
Children from polygamous unions qualify as “Children of the Marriage” under provincial family laws. Ontario’s Family Law Act and similar provincial statutes extend full protection.
Key protections include:
- Child support is calculated based on parental income
- Custody and access orders following best interests standards
- Equal treatment with judges disregarding marital plurality when assessing needs
Criminal Code Protections for Women
Women access Criminal Code safeguards regardless of union status:
- Section 265 prohibits assault in all relationships
- Section 293.1 addresses sexual exploitation and coercion
- Human trafficking protections apply equally to all women
- Marital rape immunity was abolished in 1983, meaning all sexual assault is criminal
- Abuse reporting proceeds without relationship status affecting charges
Property Division and Legal Support
Provincial common-law follows property division rules even in de facto unions. British Columbia’s Family Law Act equalizes property after two years of cohabitation. Courts adjust these divisions when polygamy creates inherent inequities. The goal remains fair treatment regardless of relationship structure.
Expert family lawyers handle these complex situations regularly, helping clients secure equalization payments, protect their rights within legal limitations and obtain restraining orders when necessary.
Victim Services and Social Benefits
Victim services provide support without questioning relationship structures:
- Provincial programs offer counselling and emergency shelter access
- Equal assistance for women fleeing polygamous households
- Support focus on safety and recovery, not relationship validation
Tax credits and social benefits adapt to family realities:
- GST credits extend to dependents regardless of parental relationship formality
- Child benefits follow biological or adoptive parentage
- System priority on children’s welfare over adults’ relationship status
Looking Forward: The 2026 Landscape
Polygamy law remains stable with minimal pressure for change. Public opinion strongly supports the prohibition, creating little momentum for legislative reform.
No major political parties advocate decriminalization. Parliamentary debates consistently reaffirm the harm-based rationale behind the ban. The legal framework stays firmly in place.
Some polyamory advocates draw distinctions between their relationships and criminal polygamy. According to Queer Domesticity, they seek legal recognition for ethical non-monogamy based on consent and equality.
However, courts maintain a clear line. Marriage-like conjugal relationships with multiple partners risk prosecution. Consent or equality within the arrangement doesn’t change this legal reality.
The Bountiful cases guide current enforcement practices. Prosecutors target situations involving abuse, coercion, or underage marriages. Purely consensual adult arrangements rarely face charges.
They technically violate the law but fall outside enforcement priorities.
Immigration policy shows no signs of relaxing either. Canada’s commitment to gender equality drives strict monogamy requirements. The system will continue recognizing only the first spouses from polygamous unions. International marriage policies remain unchanged.
Frequently Asked Questions
1. What is polygamy in Canada?
Ans- Polygamy means having conjugal relationships with more than one person simultaneously, prohibited under Section 293 of the Criminal Code with penalties up to five years imprisonment.
2. Why is polygamy illegal in Canada?
Ans- Courts ruled that polygamy harms women and children through emotional distress, economic dependency, health risks, and social problems in hierarchical communities.
3. What is the punishment for polygamy in Canada?
Ans- Section 293 of the Criminal Code imposes penalties up to five years in federal prison for practicing, entering into, or living in polygamous unions.
4. Can Canada recognize foreign polygamous marriages?
Ans- Canada recognizes only the first spouse from foreign polygamous marriages for immigration purposes, barring subsequent spouses from family class sponsorship.
5. Do people in polygamous unions have legal rights in Canada?
Ans- Yes, individuals retain child support rights, protection from assault and exploitation, and access to victim services despite union non-recognition.
Recent Posts
About Post Author
