Polygamy had been illegal in Canada since its inception in 1867, although no cases had been tried in a court of law. Around 1890, a splinter group of Mormons arrived from the US. These persons had been searching for a place to continue their practices after polygamy was banned in the church. Because Canada has traditionally frowned on polygamous relationships, almost all Canadian Mormons have drifted away from the practice and are now monogamous. Canada's criminal code was adopted from the British at the time of Confederation (1867). The section pertaining to the definition of a marriage was derived from an 1866 legal decision in the UK, Hyde vs. Hyde. The 1890 case of Robb vs. Robb further refined the definition of a marriage in Canada. This case dealt with an 'Indian' marriage involving a white male, who later died. His will, leaving property to his daughter of this marriage, was challenged. Polygamy was practised among the members of the tribe he had married into and this was deemed contrary to Christian practice (as was most anything involving Amerindians). Today, however, only the Mormon community of Bountiful practices polygamy. It is near Creston in British Columbia, and is headed by Winston Blackmore. The citizens of Bountiful apparently have close relations with another splinter Mormon community in Colorado City, Arizona, which also practices polygamy. The government of British Columbia has not pursued charges, because of concerns over freedom of religion guarantees in the Canadian Charter of Rights and Freedoms. The federal government is on record as stating they will assist the BC government in defending a Charter case. However, it is the responsibility of the Attorney-General of BC to lay charges. The federal government cannot do this, since there are strict divisions in Canada between federal and provincial rights and responsibilities. The Mormons may be violating a federal law, but the province is responsible for laying charges. The concern over Bountiful is that some women may have been forced into a marriage relationship without their consent. These marriages are often polygamous, which compounds the issue. This is the reason why some women have left the community. An interesting case if it moves into the legal arena - balancing individual rights and freedoms against religious rights and freedoms. Polygamy is practised in many places in the world and this issue will eventually land in court, if not with this group of Mormons, then with religious traditionalists from other ethno-cultural backgrounds or with Canadians who prefer to live in polyandrous relationships. The Criminal Code of Canada, section 293, reads: (1) Every one who (a) practises or enters into or in any manner agrees or consents to practise or enter into (i) any form of polygamy, or (ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii), is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Evidence in case of polygamy (2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse. In addition, Canada is a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women, which takes the position that polygamy, as traditionally practiced in the world today, violates women's equality rights. - With information from the CBC newsmagazine program "the fifth estate".

Polygamy was made illegal in western Canada in 1878.