Marginal note:Polygamy

• 41.1 (1) A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national.

• Marginal note:Interpretation

  (2) For the purposes of subsection (1), polygamy shall be interpreted in a manner consistent with paragraph 293(1)(a) of the Criminal Code.

Marginal note:Consent required

2.1 Marriage requires the free and enlightened consent of two persons to be the spouse of each other.

Marginal note:Minimum age

2.2 No person who is under the age of 16 years may contract marriage.

Marginal note:Previous marriage

2.3 No person may contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null by a court order.

• Marginal note:Order dissolving marriage

  (3) Any court order, made in Canada or elsewhere before the coming into force of this subsection, that declares the marriage to be null or that grants a divorce to the spouses dissolves the marriage, for the purposes of Canadian law, as of the day on which the order takes effect.

• (d) under the age of 18 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.1 in respect of that person or under the age of 16 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.2 in respect of that person.

Marginal note:Forced marriage

293.1 Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Marginal note:Marriage under age of 16 years

293.2 Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Marginal note:Marriage contrary to law

295. Everyone who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Marginal note:Fear of forced marriage or marriage under age of 16 years

• 810.02 (1) A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) or section 293.1 or 293.2 may lay an information before a provincial court judge.

• Marginal note:Appearances

  (2) The judge who receives the information may cause the parties to appear before a provincial court judge.

• Marginal note:Adjudication

  (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

• Marginal note:Duration extended

  (4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

• Marginal note:Refusal to enter into recognizance

  (5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.

• Marginal note:Conditions in recognizance

  (6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

  • (a) prohibit the defendant from making agreements or arrangements for the marriage, whether in or outside Canada, of the person in respect of whom it is feared that the offence will be committed;

  • (b) prohibit the defendant from taking steps to cause the person in respect of whom it is feared that the offence will be committed to leave the jurisdiction of the court;

  • (c) require the defendant to deposit, in the specified manner, any passport or any other travel document that is in their possession or control, whether or not such passport or document is in their name or in the name of any other specified person;

  • (d) prohibit the defendant from communicating, directly or indirectly, with any specified person, or refrain from going to any specified place, except in accordance with any specified conditions that the judge considers necessary;

  • (e) require the defendant to participate in a treatment program, including a family violence counselling program;

  • (f) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; and

  • (g) require the defendant to return to and remain at their place of residence at specified times.

• Marginal note:Conditions — firearms

  (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

• Marginal note:Surrender, etc.

  (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession are to be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant are to be surrendered.

• Marginal note:Variance of conditions

  (9) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

Marginal note:Breach of recognizance

811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.02, 810.1 or 810.2 who commits a breach of the recognizance is guilty of

who is confined in a prison pursuant to a sentence for an offence under a provision of an Act of Parliament or any of its regulations, or pursuant to a committal for failure or refusal to enter into a recognizance under section 810, 810.02, 810.1 or 810.2 of the Criminal Code;

• Marginal note:Orders

  (2) A youth justice court has jurisdiction to make orders against a young person under sections 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of criminal organization offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentence) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.

• (a) in respect of an order under section 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of criminal organization offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;