Emory International Law Review


Thomas Buck Jr.


In January 2009, Canadian authorities in Bountiful, British Columbia, arrested two leaders of separate sects of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) on charges of polygamy. Section 293 of Canada's Criminal Code makes polygamy a crime. The individual charges against the men were thrown out on technical grounds, but the litigation evolved into a constitutional question as to whether Canada's criminal prohibition on polygamy was consistent with the guarantees of religious freedom, freedom of expression, freedom of association, liberty and security of person, and equality in the Canadian Charter of Rights and Freedoms (the "Charter").