In this course, you have learned that Canadian laws are dynamic. In order to continue to reflect the values held by Canadians, our laws must be subject to change. Often these changes come about when minority groups challenge laws which they feel are unjust.

For this assignment, you will be comparing two court rulings concerning marriage.

In the first case, the LBGTQ (Lesbian, Bisexual, Gay, Transgender and Queer) community challenged the law stating that marriage could only take place between a man and a woman. Between 2002-2005, various provincial courts challenged this law until, in 2005, same-sex marriage became legal across the country. By the time this law was changed, most Canadians supported it.

In the second case, you will look at the case of a Mormon community in Bountiful, BC. This sect, who refer to themselves as Fundamentalist Latter Day Saints, practice what they refer to as "celestial marriage" but which those outside the faith recognize as polygamy. Many of the men have multiple wives and dozens of children. These Mormons have challenged Canada's polygamy laws on the grounds that they violate their Charter right to freely practice their religion.

Step 1

Read the article below which explains the legal milestones which allowed same-sex marriage to become legal in Canada.

How Same-Sex Marriage Became Legal in Canada- https://shulman.ca/same-sex/how-same-sex-marriage-became-legal-in-canada/

Then read the news article from CBC which explains why two Mormon bishops are launching a constitutional challenge to the validity of Canada's polygamy laws after being found guilty of polygamy by a BC judge.

Winston Blackmore and James Oler found guilty of polygamy by B.C. judge- https://www.cbc.ca/news/canada/british-columbia/canada-s-polygamy-laws-upheld-by-b-c-supreme-court-1.856480

And the 2011 precursor to this:

CBC: Canada's polygamy laws upheld by B.C. Supreme Court- https://www.cbc.ca/news/canada/british-columbia/canada-s-polygamy-laws-upheld-by-b-c-supreme-court-1.856480

Finally, be sure to read the following Canadian Justice Department article:

Polygyny and Canada's Obligations under International Human Rights Law- https://www.justice.gc.ca/eng/rp-pr/other-autre/poly/chap3.html

Step 2

You will be writing a multi-paragraph composition (essay) in which you explore how these issues are different.

Outline your essay as follows:

Introduction: Introduce the overall topic as you see it in a few sentences, followed by your concise thesis. Your thesis will explain in one sentence how these issues are different in a legal sense.

I. Explain how and why same-sex marriage became legal in Canada. Be sure to address why previous laws were considered to be in violation of the Canadian Constitution.

II. Explain the grounds upon which Canada's polygamy laws have been challenged by the Fundamentalist Mormon community in Bountiful, BC.

III. Explain, from your point of view, how and why these two legal challenges to the CanadianCharter of Rights and Freedomshad very different outcomes for the plaintiffs, in the 1999 Supreme Court of Canada (SCC) case regarding gay marriage rights, and the 2011 and 2017 BC Supreme Court cases regarding polygamy in BC.

Step 3

Write your essay from your outline. Be sure to back up your points with direct references to the readings above. You may also use the course material in this section. If you choose to use material outside of the course, you must cite that in a properly formatted bibliography.