Recently the Supreme Court of British Columbia rendered its prolific decision on the constitutionality of Section 293 of our Criminal Code. The descriptive heading of that area of the Criminal Code is "Offences Against Conjugal Rights". I find that very interesting and ironic and wonder if the powers that be might reconsider the heading.
The internet printed decision is a whopping 277 pages long (by constrast the infamous Court of Appeal Delgamuukw decision was only 253 pages long), and 36 lawyers were present along with 2 individuals appearing for 14 groups or parties over 41 days in court spanned over 6 months. The decision was rendered 1 year and 1 day after the first appearing in court and about 2 years after being first directed to do so. Law students across the country will likely be reading this judgment which, if nothing else, provides a fantastic anthropological study of polygamy in our society - the pros and cons.
What I find more interesting however, is that I have not read very much about the decision in the news, on blogs, or in social media spheres. I assume most of us legal nerds are still wading through the decision before commenting but I can't help but think that it is as if it didn't happen.
Of course, for those who haven't read it, Mr. Justice Bauman, found that Section 293 does offend our basic rights and freedoms, BUT the law remains (mostly intact) because the restriction on our rights is justifiable in our free and democratic society.
Our constitution, unlike our southern neighbours', allows for unconstitutionality to be ok. The beauty, of course, is that as our society evolves over time, what is now an acceptable restriction of freedom may one day not be.
We will know soon enough if this is the end of the question as the appeal deadline is looming in 2 weeks or so. These are interesting times, indeed!
If your lawyer is not helping you, ask yourself why not.
Monday, November 28, 2011
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