Monday, November 15, 2010

Questions to be asked in the reference case

This short, unattributed, article appeared in the Vancouver Sun on 9th November 2010.

"In the constitutional reference case being heard in B.C. Supreme Court by Chief Justice Robert Bauman, the B.C. government is asking these questions:

Is the Criminal Code's polygamy section consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent?

What are the necessary elements of the polygamy offense in the Criminal Code? Does the law require that the polygamous conjugal union involved a minor or occurred in a context of dependence, exploitation, abuse of authority, a gross imbalance of power or undue influence?"

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