Both bigamy and polygamy are illegal in British Columbia, but it is entirely possible (and legal) to have two spouses at the same time. How, you may ask? It comes down to how the Family Law Act defines a spouse.
In 2017, the Crown prosecuted Winston Kaye Blackmore and James Marion Oler with practicing polygamy. They were convicted amid extensive media coverage. This was a case in which both men married several women and remained married to them. “Polygamy!” the court cried and the men were duly sentenced.
The legal version of two spouses occurs after two people are married and then separated. At this point, both people are still spouses and neither can legally remarry until the divorce is finalized. What they can do is form a relationship and move in with that new partner. British Columbia’s Family Law Act defines a spouse as someone who “(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and (i) has done so for a continuous period of at least 2 years, or (ii)… has a child with that person.” Thus, that new partner will become a ‘spouse’ after two years of living together or if a child is born out of that union.
This has the curious result of allowing someone who is separated from their wife or husband, but not divorced, to take another spouse and end up with two spouses (though most people in that situation want to keep it to one). This situation would seem to be covered by a bare faced reading of the Criminal Code’s language on polygamy which applies to anyone who “practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage.” However, fortunately, no overly zealous prosecutor has felt the need to pursue this against individuals who have not yet managed to push a divorce through the court system.
So if you have ever felt the desire for two wives – or two husbands – know that it is legal, but the path to get there may be less pleasant than you pictured.
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Disclaimer: This blog post is for informational purposes only and should not be construed as financial or legal advice. Consult with qualified professionals to create a personalized estate plan suitable for your specific circumstances.
