November 13, 2009
Court case: Upcoming BC Government's Court Reference on the Criminalization of Polygamy and Group Marriages
The BC government will shortly put a question to the Court to test the constitutionality of section 293 of the Criminal Code of Canada which criminalizes people who practice polygamy or enter into any kind of "conjugal union" (i.e. a common-law marriage) with more than one person at the same time. Intervenors will have as little as 3 weeks to respond with court applications and affidavits.
It is important that polyamorists who are interested in being married to more than one person, or are living with more than one person, make the court aware of their interests and the legal arguments that the law is unconstitutional, because it infringes their Canadian Charter rights of association, religion (i.e. Wiccan or Pagan), equality, and the life, liberty and security of the person. It is not appropriate for a law which criminalizes loving, committed, consensual relationships to remain on the books, even if it not presently being enforced. The more polyamorous interveners there are, the more strongly the court will hear this position.
PLEASE ENSURE THAT THIS EMAIL IS PLACED ASAP TO ALL OTHER CANADIAN POLYAMOROUS GROUPS AND LISTS TO WHICH YOU BELONG.
Who are we?
We are individual members of the Vancouver polyamory community and are active members or coordinators in Vanpoly (www.vanpoly.ca), who have joined together to coordinate an intervention by polyamorists so that the court can hear our stories and arguments. We have experience in organizing politically and legally. One of our members has offered to act as pro bono legal counsel and has successful experience in mounting constitutional challenges to Canada's criminal code. We are also liaising with other civil and legal rights groups who are also following the BC government closely in this matter.
What are the steps in the process?
First, and as soon as possible, we need to identify potential intervenors and get their stories. When the government asks the court about the legality of this legislation, we want to be ready to finalize the sworn statements of intervenors and apply to the court within the 3 week period. If our application to the court is accepted, we will then prepare legal arguments in support of the above position that it is not appropriate for a law which criminalizes loving, committed, consentual relationships to remain on the books. It is expected that this process will need to go very quickly.
Qualifications of an Intervenor
We are in immediate need of identifying as many potential intervenors as possible so that polyamory can be properly represented.
If you are a Canadian Resident:
1) currently living with multiple partners in a conjugal (marital or marital-like) relationships, or
2) have engaged in polyamorous relationships either in the past or currently AND have a desire to live with multiple partners in a conjugal (marital or marital-like) relationships in the future
then we ask you to email us.
While we are interested in hearing from ALL people who fit the above criteria, we are especially interested in having at least one female in a MFF (male-female-female) grouping.
What would it mean to be an intervenor?
1. You would need to give legal counsel some facts as to your polyamorous lifestyle which would be written up in a statement, which you will be asked to swear on oath is true. This statement would be filed in court. Your name and your address along with the statements in your affidavit would then be public. However, you would NOT need to name your partners.
2. You may find that your name and other information in your affidavit is in the news. You would NOT need to speak to media or answer their questions as you could refuse to respond to any media enquiries.
3. You would NOT need to incur court costs. You would need to pay for the affidavit to be sworn if you are in a city other than Vancouver. (If this is a concern, please advise and we will look for donations toward the cost.)
Who do I contact for more information or to offer to be an intervenor?
Please email Melly at email@example.com.
Thank you for your attention to this.