The BCCLA is calling Canada’s polygamy law discriminatory and an inappropriate use of the criminal law as it launches its participation in B.C.’s historic constitutional reference. “The key for us is consent,” said Robert Holmes, President of the BCCLA. “If three or more adults wish to live in a conjugal relationship, we don’t think it’s the proper role of government to tell them they should go to jail for it.”

The BCCLA is represented at the hearings by local lawyer Monique Pongracic-Speier of the law firm Schroeder Speier. Opening arguments at the hearings, which were launched by the provincial government, commenced today. The BCCLA’s arguments will focus on the Association’s philosophy that people should be free to make the life choices they wish so long as those choices do not harm other people and they engage in them with free, informed and full consent.

“We are not arguing that anybody has to like polygamous relationships or be a supporter of them,” notes Holmes. “Obviously, there are some religious and other groups that hold sincere beliefs that polygamy is wrong and there are some that hold that it is acceptable. Our position is that it is inappropriate to use the criminal law against unpopular religious or other groups where the activity involved is a matter of personal choice and is consensual. Using the criminal law in that manner is abusive, discriminatory and inappropriate.”

While the BCCLA acknowledges that concerns have been expressed about polygamous communities, including that in Bountiful, the BCCLA’s position is that government should focus on rigorous enforcement of the laws relating to consent, sexual abuse, school attendance and standards to address such concerns, not on criminalizing consensual adult relationships and activities. The BCCLA notes that exploitation and abusive conduct can arise in marriages and similar conjugal relationships of two people. Addressing exploitation and abuse is a proper focus for government; diverting attention to whether two, three or more people have chosen to enter a relationship is not.

MEDIA CONTACTS:

David Eby, Executive Director, 778-865-7997

Robert Holmes, President, 604-838-6856