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Polyamorists Announce Court Application

Supreme Court of Canada

Supreme Court of Canada

This is an important issue for all of us.  The press release was sent to us from  Canadian Polyamory Advocacy Association (CPAA).  You can see the original click here.

VANCOUVER — January 28, 2010 — Members of Canada’s polyamory community have applied to become an intervener in the B.C. government’s challenge of section 293 of the Criminal Code of Canada — Canada’s anti-polygamy law. The application, filed in BC Supreme Court yesterday, is on behalf of the Canadian Polyamory Advocacy Association (CPAA).

Polyamory, sometimes referred to as responsible or ethical non-monogamy, is the practice, desire, or acceptance of having more than one intimate relationship at a time with the consent of everyone involved. Section 293 forbids both polygamy and any kind of conjugal union with more than one person at the same time and as such infringes on people’s ability to practice polyamory if the relationships involve cohabitation.

“We believe that people should be free to practice polyamory free of any criminal liability, and that the Charter of Rights gives Canadians such freedom,” said CPAA legal counsel, John Ince.

It is not appropriate for a law which prohibits loving, committed, consensual relationships to remain on the books, even if it not presently being enforced,” Ince continued.

Newsweek Magazine recently reported that polyamory is a thriving phenomenon in the United States, with over half a million families openly living in relationships that are between multiple consenting partners.1 Polyamory is also a thriving phenomenon in Canada.

The CPAA, whose purpose is to promote legal, social, government, and institutional acceptance and support of polyamory in Canada, has called for people who practice a polyamorous lifestyle to step forward as potential witnesses, particularly if they are cohabiting with multiple partners.

“Trudeau once famously said ‘there is no place for the state in the bedrooms of the nation’. Similarly, we believe that there is no place for the state in the kitchens and the front rooms of the nation,” said Zoe Duff, CPAA spokesperson.

“Adult women and men should be able to choose what form of intimate relationship they enter into and with whom they want to share their lives, even if it is more than one person,” Duff continued.

Polyamory contrasts with “patriarchal polygamy” practiced in religious communities such as Bountiful, B.C. where men have the right to marry or live with several women, but women have no right to marry or live with several men. Polyamory, on the other hand, is grounded in gender equality, self-determination, and free choice for all involved.

If the issues at communities such as Bountiful are alleged abuse (for example: the abuse of minors, abuse of authority, and marriages that are under age), the abuses should be prosecuted using existing laws that address such abuses.

The CPAA anticipates that his matter may go to the Supreme Court of Canada.

You can find articles and information by googling Canada Polygamy Ruling and by going to Polyamory and the News.

Loving More staff writer – Robyn Trask (38 Posts)

Robyn is the Executive Director of Loving More Non-Profit, a national leader for polyamory awareness, polyamory counselor, workshop facilitator and writer. Since 2004 Robyn has worked to expand media awareness of polyamory appearing in numerous articles, radio shows and TV. Robyn and Loving More were instrumental in the formation of Polyamory Leadership Network. A national speaker and advocate for polyamory she has been a speaker at conferences, taught at universities and been a featured keynote speaker. Robyn has been openly polyamorous for 23 years, raising three children in a polyamorous family. Robyn has been running polyamory support groups, teaching and facilitating relationship and sexuality workshop since 1999. In addition she counsels polyamorous individuals and families. Currently Robyn is working on two polyamory related books.


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Discussion

  1. dating advice  March 8, 2010

    Now days, finding a reliable partner is not easy. Then after you find one, keeping the flame in the relationship is another battle of its own. That is why we constantly need advice and information on how to keep our relationships happy. I came across this post ( Loving More Polyamory Blog » Blog Archive » Polyamorists Announce Court Application – Latest news, updates, and comments for the polyamory aware.) here, It has added to my knowledge and I thank you.

  2. Nelson  March 15, 2010

    Actually, one does not need to have the consent of a person in Saskatchewan Canada to be their legally recognized spouse, even if they already have another spouse. Section 51 of the Saskatchewan Family property Act, says people can have multiple spouses and it defines that the two in, get the rights. Polygamy is legal there and therefore will be all across Canada soon. In other words a married person can also live with a single person and then they have 2 simultaneous spouses under Saskatchewan Polygamy law.

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