The Zero Tolerance for Barbaric Cultural Practices Act proposes the creation of a new inadmissibility under the Immigration and Refugee Protection Act (IRPA) for practising polygamy in Canada.
This provision would increase the Government of Canada’s ability to prevent polygamy from occurring in Canada. While current IRPA provisions require foreign nationals wishing to become permanent residents to have only one spouse, once in Canada it is difficult to find these individuals inadmissible. A criminal conviction or finding of misrepresentation is currently required before a person practising polygamy can be found inadmissible.
The changes would mean that a polygamist permanent resident or foreign national who is or will be physically present in Canada with even one of their polygamous spouses would be considered to be practising polygamy in Canada. The permanent resident or foreign national could be found inadmissible on that basis alone, without requiring evidence that the person misrepresented their situation or has a criminal conviction.
The new inadmissibility would apply in both the temporary and permanent immigration streams. While in the permanent stream, permanent residents will be required to stop practicing polygamy and will only be permitted to immigrate with one monogamous spouse. In the temporary stream, visitors, students and workers who practise polygamy abroad and come to Canada with even one of their spouses, or who join one of their spouses in Canada, would be considered to be practising polygamy on Canadian soil and would be inadmissible under IRPA.
