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: (613) 995-7835 Facsimile: (613) 957-3359 TDD: (613) 996-1322 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