1. I don’t think that we should continue to criminalize polygamy in Canada – I think the associated risks associated with criminalizing polygamy are too big of a concern (described below). I also think that because, in some contexts, polygamy is tied to religious beliefs and practices it should be respected under the Canadian Charter. I found it very compelling as to how polygamy is accepted in other places of the world ("Polygamy in Canada", p. 23), often for religious reasons, yet continues to be criminalized in Canada, where religious freedom is written into our Charter.
I found the discussions focused on the realities that women face within polygamy to be very interesting – specifically the arguments relating to how women "might be" more unsafe in a polygamous marriage compared to a monogamous marriage. When it comes to ensuring the safety of women, I’m not sure why it all relationships aren't being approached in the same way… being violent towards a partner, whether in a polygamous or monogamous relationship, is not okay. Specifically, the OWJN article discussed a variety of ways in which the criminalization of polygamy has the potential to be more harmful to women because they may be afraid to seek outside support. OWJN describes the possible fear of repercussions that could exist in reporting abuse because polygamy is criminalized – this, I believe, is where a major problem lies. Someone shouldn’t be afraid to seek out help due to the possibility of others who are not being abusing being prosecuted simply for being associated with a polygamous lifestyle.
If someone chooses to live a polygamous lifestyle, as long as there is respect and all parties are safe and happy, we shouldn’t continue to criminalize it – we should however, continue to provide support to anyone who suffering from domestic violence, as no one should be afraid to seek help.
2. Polygamy has various harmful effects, such as abusive relationships that affect both women and children. Thus, providing a reason as to why the court takes action in creating a law to illegalize polygamy to serve and protect those from harmful relationships. However, not all polygamous relationships are bad, and not all are good either. Monogamous relationships can share the same pros and cons as a polygamous relationship. For instance, women in a monogamous relationship can experience these kinds of harm, such as battered women. However, the court does not illegalize monogamy, which disputes the evaluation of differential harms between polygamy and monogamy.
I think that the Canadian values that are under pressure is its “self-image as a nation” (Beaman, 2014). The majority of Canadians have certain ideals and if it is challenged by others, it creates an issue in our society. The practice of polygamy is not perceived to be fitted within an imagined nation (Beaman, 2014). That is because the majority are preoccupied with the ideal and acceptable version of a normal family, which practices monogamy (Beaman, 2014). This is the reason why normalcy constructs a common value that we often decide what is right or wrong. If we think that monogamy is the only right, then polygamy is wrong. But that assumption is what creates the problem itself. Religion may also play a factor when it comes to this topic. For instance, let’s consider a Christian woman who engaged in a polygamous relationship. It is obvious that this is against her religious beliefs and that she would receive backlash from the Christian community. However, other religions who acknowledge the practice of polygamy may feel restricted because their rights to freedom of religion are violated. Therefore I think that polygamy should not be a crime.
Polyamorous relationships on the other hand would be a different debate than polygamy. The reason why polygamy is a centered attention and controversial debate is because of the social contract or social agreement, known as marriage, between partner in a polygamous relationship. Whereas in polyamorous relationships, there is the absence of the contract/agreement.
