Polygamy Under the Canadian Criminal Code: Section 293 Explained

Monogamy is the fundamental bedrock of Canadian family law. While Canadian society has grown incredibly progressive regarding marriage equality and diverse family structures, the federal government maintains a strict criminal prohibition against polygamy. Historically, this law was brought into the national spotlight due to the isolated community of Bountiful, British Columbia, where leaders of a fundamentalist religious sect were prosecuted for maintaining dozens of “celestial marriages.” These high-profile cases forced the Canadian justice system to rigorously examine the balance between the Charter right to freedom of religion and the state’s duty to protect vulnerable individuals from exploitation.

It is crucial to understand the exact wording of the law to avoid confusion. 📍 Many Canadians conflate polygamy with polyamory. Polyamory—where consenting adults choose to date or live with multiple partners without entering into formal, sanctioned marriages—is not a crime in Canada. The Criminal Code specifically targets the act of going through a formal *form of marriage* with multiple people, whether that marriage is legally recognized by the province or merely sanctioned by a religious or cultural group. This guide breaks down the legal mechanics of Section 293, the criminal penalties involved, and the constitutional framework that keeps this law active as of May 2026. If you are facing investigations related to non-traditional family structures, securing a criminal defence lawyer is vital.

Step-by-Step Legal Process and Prosecution in Canada

Prosecuting polygamy is exceedingly rare and legally complex. When the state decides to pursue charges under Section 293, the investigation is thorough and deeply invasive. Here is how the legal process generally unfolds.

Step 1: Understanding the Elements of the Offence

For the Crown prosecutor to secure a conviction under Section 293, they do not need to prove that you obtained multiple legal marriage certificates from a Canadian province (since provincial registries automatically reject subsequent marriages). Instead, they must prove that you entered into a “form of marriage” or a “conjugal union” with more than one person at the same time. This includes religious ceremonies, cultural rites, or private contracts that the participants treat as a binding marriage.

Step 2: Differentiating Between Bigamy and Polygamy

The Criminal Code contains two distinct offences. Section 290 covers “Bigamy,” which occurs when someone who is already legally married fraudulently goes through a second legal marriage ceremony, usually deceiving the second spouse. Section 293 covers “Polygamy,” which targets the systemic practice of multi-party marriages, often driven by religious ideology where all parties are aware of the multiple spouses. Both are serious indictable offences, but polygamy cases involve broader constitutional issues.

Step 3: Police Investigation and Evidence Gathering

Polygamy investigations are usually handled by specialized units within the RCMP or major municipal police forces. Because these marriages often occur in closed religious or cultural communities, police rely heavily on search warrants to seize community records, personal diaries, and photographs of wedding ceremonies. They will also interview former members of the group to testify about the nature of the conjugal relationships.

Step 4: The Constitutional Defence (The B.C. Reference Case)

If charged, a defence lawyer will inevitably navigate the constitutional validity of the law. In 2011, the Supreme Court of British Columbia conducted a massive Reference case on Section 293. The court concluded that while the law does infringe on the Charter guarantee of freedom of religion, the infringement is legally justified. The court ruled that polygamy inherently causes significant harm to women, children, and the institution of marriage itself. Therefore, arguing that polygamy is a protected religious right is no longer a viable legal defence in Canada.

Step 5: Sentencing and Federal Penalties

If convicted, the judge has wide discretion regarding sentencing. Because polygamy is an indictable offence, the absolute maximum penalty is 5 years in a federal penitentiary. However, in past Canadian convictions, judges have sometimes opted for strict conditional sentences (house arrest) combined with hundreds of hours of community service, depending on the severity of the exploitation, the ages of the spouses, and whether the defendant used their position of power to coerce others into the marriages.

How Much Does a Criminal Defence Cost?

Defending against a federal indictable offence like polygamy is a massive legal undertaking, often requiring constitutional arguments and expert testimonies.

How Long Does the Process Take?

Investigations into closed communities can take several years before charges are formally laid. Once an individual is arrested, moving an indictable offence of this magnitude through the provincial and superior court systems—dealing with constitutional motions and evidentiary hearings—typically takes 18 to 36 months before a final verdict and sentence are handed down by a judge.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca