Polygamy in Canada: Legal and Social Implications for Women - AIS

279 Pages·2005·1.8 MB·English

Polygamy in Canada: Legal and Social Implications
for Women and Children
A Collection of Policy Research Reports
Polygamy in Canada: Legal and Social Implications
for Women and Children
A Collection of Policy Research Reports
By

Angela Campbell

Nicholas Bala, Katherine Duvall-Antonacopoulos, Leslie MacRae and Joanne J. Paetsch

Martha Bailey, Beverley Baines, Bita Amani and Amy Kaufman

The Alberta Civil Liberties Research Centre

The research and publication of this study were funded by Status of Women Canada’s
Policy Research Fund. This document expresses the views of the authors and does not
necessarily represent the official policy of Status of Women Canada or the
Government of Canada.
November 2005
Status of Women Canada is committed to ensuring that all research produced through the Policy Research Fund adheres to

high methodological, ethical and professional standards.

Specialists in the field anonymously review each paper and provide comments on:

• The accuracy, completeness and timeliness of the information presented;
• The extent to which the methodology used and the data collected support the analysis and recommendations;
• The original contribution the report would make to existing work on this subject, and its usefulness to equality-seeking
organizations, advocacy communities, government policy makers, researchers and other target audiences.
Status of Women Canada thanks those who contribute to this peer-review process.
Library and Archives Canada Cataloguing in Publication
Polygamy in Canada [electronic resources]: social implications for women and children.
Electronic monograph in PDF and HTML formats.

Mode of access: World Wide Web.

Available also in printed form.

Issued also in French under title: La polygamie au Canada : conséquences juridiques et sociales pour les femmes et les enfants.

Includes bibliographical references.

ISBN 0-662-42068-3

Cat. no. SW21-132/2005E-PDF

1. Polygamy – Government policy – Canada.
2. Polygamy – Law and legislation.
3. Married women – Legal status, laws, etc. – Canada.
4. Conflict of laws – Marriage – Canada.
5. Women – Canada – Social conditions.
I. Angela Campbell
II. Nicholas Bala
III. Katherine Duvall-Antonacopoulos
IV Leslie MacRae
V. Joanne J. Paetsch
VI. Martha Bailey
VII Beverley Baines
VIII. Bita Amani
IX Amy Kaufman
X. Alberta Civil Liberties Research Centre
XI. Canada. Status of Women Canada
XII. Title: Polygamie au Canada : conséquences juridiques et sociales pour les femmes et les enfants.
HQ981 P64 2005 306.84'23'0971 C2005-980296-0
Project Manager: Vesna Radulovic and Jo Anne de Lepper, Status of Women Canada
Publishing and Translation Co-ordinator: Cathy Hallessey, Status of Women Canada
Editing and Layout: PMF Editorial Services Inc. / PMF Services de rédaction inc.
Translation: Lexi-Tech International
For more information, contact:
Research Directorate
Status of Women Canada
123 Slater Street, 10th floor
Ottawa, Ontario K1P 1H9
Telephone: [phone]
Facsimile: [phone]
TDD: [phone]
PREFACE

Good public policy depends on good research. In recognition of this, Status of Women Canada
instituted the Policy Research Fund in 1996. It supports independent, nationally relevant policy
research on issues linked to the public policy agenda and in need of gender-based analysis.
Our objective is to enhance public debate on gender equality issues to enable individuals,
organizations, policy makers and policy analysts to participate more effectively in the policy
development process.
The focus of the research may be on long-term, emerging policy issues or short-term, policy
issues that require an analysis of their gender implications. Funding is awarded through an
open, competitive call for proposals. A non-governmental, external committee plays a key role
in identifying policy research priorities, selecting research proposals for funding and evaluating
the final reports.
The four policy research papers that make up this collection were jointly funded by Status of
Women Canada and the Department of Justice Canada under a call for proposals issued in
January 2005. In this call for proposals, researchers were asked to explore the legal and social
ramifications of the practice of polygamy, including the impacts of the practice of polygamy on
women and children and gender equality.
Polygamy is illegal in Canada pursuant to s. 293 of the Criminal Code. The practice of
polygamy is also contrary to many of Canada’s international commitments and to the notion
of gender equality that is fundamental to Canadian society. It is essential that any debate
regarding polygamy should include a consideration of the need to respect gender equality fully
and promote the advancement of all women. These studies contribute to our knowledge base
in this area.
We thank all the researchers for their contribution to the public policy debate on this important
issue.
ACRONYMS AND ABBREVIATIONS
ACLU American Civil Liberties Union
AIDS Acquired Immune Deficiency Syndrome
AIP Adult interdependent partner
AIRA Adult Interdependent Relationships Act
ALRC Australian Law Reform Commission
Am. Jur. American Jurisprudence
BBC British Broadcasting Corporation
BCCT British Columbia College of Teachers
CBC Canadian Broadcasting Corporation
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CIC Citizenship and Immigration Canada
CTV Canadian Television Network
FLDS Fundamentalist Church of Jesus Christ of Latter Day Saints
HIV Human Immunodeficiency Virus
HSV2 Herpes Simplex Virus 2
ICCPR International Covenant on Civil and Political Rights
LRC Law Reform Commission of Canada
UEP United Effort Plan
TABLE OF CONTENTS
How Have Policy Approaches to Polygamy Responded to Women’s
Experiences and Rights? An International, Comparative Analysis
Angela Campbell ........................................................................................................... 1-63

An International Review of Polygamy: Legal and Policy Implications
for Canada
Nicholas Bala, Katherine Duvall-Antonacopoulos, Leslie MacRae and
Joanne J. Paetsch............................................................................................................ 1-57
Expanding Recognition of Foreign Polygamous Marriages:
Policy Implications for Canada
Martha Bailey, Beverley Baines, Bita Amani and Amy Kaufman................................1-56

Separate and Unequal: The Women and Children of Polygamy
The Alberta Civil Liberties Research Centre................................................................. 1-71
How Have Policy Approaches to Polygamy Responded to

Women’s Experiences and Rights?

An International, Comparative Analysis

Angela Campbell
ABSTRACT

Devising effective legislative and policy strategies for dealing with polygamy in Canada requires
an analysis as to how practices associated with plural marriage affect the lives of women. This
report seeks to illuminate how life within a polygamous marriage might affect women’s social
and economic status, as well as their overall health and well-being. This report also undertakes
an examination of law and policy approaches to polygamy worldwide, with a view to assessing
whether existing responses to polygamy adequately address the needs, rights and realities of
women living within plural marriages. Based on this analysis, recommendations are made as
to the most appropriate approach to polygamy in the Canadian context.
TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................ ii

INTRODUCTION ...............................................................................................................1

PART I - WOMEN’S EXPERIENCES IN POLYGAMY: SOCIAL,

ECONOMIC AND HEALTH EXPERIENCES ...........................................................3

Women in Polygamy: Social Experiences ....................................................................3

Women in Polygamy: Economic Experiences............................................................14

Women in Polygamy: Health Experiences..................................................................19

Women in Polygamy: Conclusions.............................................................................21

PART II - LEGAL AND POLICY RESPONSES TO POLYGAMY WORLDWIDE.....23

Approaches to Polygamous Marriages Formed Domestically.....................................23

Approaches to Polygamous Marriages Formed in Foreign Jurisdictions ....................29

Conclusions: Legislative and Policy Approaches to Polygamy Worldwide ...............33

PART III – CONCLUSIONS AND RECOMMENDATIONS.........................................34

Reflections on Domestic Polygamous Practices .........................................................34

Reflections on Foreign Polygamous Practices.............................................................35

Recommendations for Future Policy Development in Canada Regarding

Polygamy ...................................................................................................................36

BIBLIOGRAPHY..............................................................................................................40

ENDNOTES ......................................................................................................................56
EXECUTIVE SUMMARY

This report seeks to illuminate the ways in which participation in polygamous marriages affects
women’s social and economic status, as well as their overall health and well-being. It also aims to
examine how communities across the globe have responded to polygamy through law and policy.
These investigations are undertaken with a view to assessing whether responses to polygamy
worldwide adequately address the needs, interests and realities of women living within plural
marriages. Based on this analysis, this report presents a series of recommendations as to the
most appropriate approach to polygamy in the Canadian context.
In examining how polygamy affects the lives of women, three main aspects are considered:
women’s social status, their economic status and their health.
• In regard to social status, four main factors associated with polygamy are considered: rivalry
among wives married to the same man (“co-wives”), collaboration and support among co­
wives, social isolation, and implications for spousal relationships and gender equality. In
addition, this report also considers the impact of polygamy on children, as well as women’s
relationships with their children.
• With respect to economic status, the circumstances of women in polygamous unions are
considered, as are the circumstances of women who might leave their polygamous marriages
and/or communities.
• Finally, with respect to women’s health, the potential psychological and reproductive health
ramifications of polygamous practices are examined.
This analysis reveals that, given the diversity within the global community of women in
polygamous marriages, it is extremely difficult to draw a single, unqualified conclusion as
to how women experience polygamy. While some women might suffer socially, economically
and health-wise as a result of polygamous life, others might benefit. The way in which a woman
experiences polygamy will depend largely on a number of social and cultural factors, such as the
number of co-wives she has and her relationship with them, cultural perceptions of polygamy,
and her role and responsibilities within her marriage and family.
Effective and equitable strategies for dealing with polygamy must account for this diversity
among women in polygamy. Yet, law and policy approaches adopted worldwide have been far
less nuanced than this. Most jurisdictions have dealt with domestic polygamous practices in one
of three ways:
• explicitly allowing it (primarily in countries where Islamic law is recognized in the area of
family/personal law);
• explicitly prohibiting it (typically the case in countries governed by secular civil law); or
• a combination of secular and customary law (typically in states where individuals may opt
for customary marriages, which allow polygamy).