LEGISLATIVE ASSEMBLY OF ONTARIOASSEMBLÉE LÉGISLATIVE DE L'ONTARIO

Monday 2 June 2008

Polygamy Question

Ms. Lisa MacLeod: To the Minister of Government and Consumer Services. Under section 293 of the Criminal Code, it is clear polygamy is illegal, and so is any kind of conjugal union with one or more persons at the same time, whether or not it is legally registered. This is contrary to what the minister stated in question period last week. Would the minister like to correct the record, and will the minister finally begin to enforce the law and equality rights for women?

Hon. Ted McMeekin: It’s a legal question that should go to the Attorney General.

Hon. Christopher Bentley: As the member probably knows, the Criminal Code is quite clear. The section has been there for some period of time and it is being enforced and prosecutions will be conducted if the investigation by the police—and they do the investigation—reveals information on which there are reasonable and probable grounds to believe an offence has been committed. If we receive the charge, then the prosecution is conducted accordingly.

Ms. Lisa MacLeod: John Turley-Ewart today in the National Post says you are “giving [a] licence to shariah by stealth.” The minister knows fell well that polygamy is illegal in this country. It is so in the Criminal Code of Canada. There are many documented cases within the last week, whether you’re reading the National Post, the Toronto Star or listening to AM640.

Does the minister agree with Imam Hindy, who was quoted as saying, “If the laws of the country conflict with Islamic law, if one goes against the other, then I am going to follow Islamic law, simple as that,” or will the minister put Canadian law first and will he launch an investigation into these illegal polygamist marriages, which are happening right here in the city of Toronto?

Hon. Christopher Bentley: For all the commentary, the minister said no such thing. The minister has always taken the position, as we all do, that Canadian law in the Criminal Code is the one that is first and foremost and paramount. That’s why we made certain decisions that we did during the last mandate. We are always one that will uphold the law of Canada as outlined in the criminal code. From our perspective, if allegations are investigated by the police and the police determine that there is evidence on which to found a charge, that charge will come to the Ministry of the Attorney General’s department, to the crown attorneys and those charges will be prosecuted in the normal course. The Canadian law is paramount—end of story.