Polygamy is illegal under Canada'sCriminal Code. A woman who follows a religion that endorses polygamy applies to the clerk of her municipality for a marriage licence to wed a man who already has a wife, both of whom follow the same religion as the woman. When the clerk refuses to issue the marriage licence on the grounds that doing so would constitute aiding the commission of a crime, the woman makes an application for judicial review of the clerk's decision.

The woman asks the court to declare the prohibition against polygamy in the Code inapplicable to her and to order the clerk to issue a marriage licence. She argues that the prohibition offends the Charter because it violates her freedoms of religion, expression, and association under s. 2 of the Charter.

The government concedes that the prohibition against polygamy in the Code and the clerk's refusal to issue a marriage licence violate s. 2 of the Charter. However, it claims that the infringement is justified in a free and democratic society under s. 1 of the Charter.

Q1.What tests will the court apply in determining whether the violation of s. 2 of the Charter is "saved" by s. 1? Apply these tests to the fact situation.

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