Ali v. Canada ( Minister of Citizenship and Immigration )
IMM-613-97
Rothstein J.
2/11/98
6 pp.
Application for permanent residence denied as reasonable grounds to believe applicant would practice polygamy in Canada, indictable offence under Criminal Code, s. 293(1)-Applicant, Palestinian national residing in Kuwait, married twice-Both marriages valid in Kuwait-Applicant, first wife applied for permanent residence in Canada for selves, three children of first marriage, two children of second marriage-Second wife applied for permanent residence on same date-Applicant submitting (1) second marriage unenforceable in Canada; (2) no evidence of active steps to practice polygamy, without which no offence committed under Criminal Code, s. 293-Application dismissed-(1) Tse v. Minister of Employment and Immigration, [1983] 2 F.C. 308 (C.A.) holding polygamous marriages valid in country where entered into, parties domiciled, would be recognized as valid by Canadian courts-Irrelevant that second polygamous marriage would not be recognized for some purposes (matrimonial relief, legitimacy of children, maintenance) in Canada-Only question before immigration officer whether reasonable grounds to believe applicant would have more than one wife in Canada-(2) Neither applicant nor wives pretending desired to discontinue family relationship had in Kuwait-No evidence of intention to divorce-All intended to settle in Halifax, but when polygamy issue arose second wife offered to live in Quebec-Applicant submitting "active steps" requiring intention by applicant to cohabit with both wives-Polygamy not depending upon where spouses reside, or whether cohabitation in both marriages at same location-On its face, practice of polygamy is having more than one spouse at same time-Applicant has two wives-All three applied at same time to live in Canada-No other active step required-No error in law in deciding applicant inadmissible because reasonable grounds to believe applicant, upon settling in Canada with two wives, would practice polygamy contrary to Criminal Code, s. 293(1)-Application for judicial review dismissed-Question certified: whether, given fact applicants applied separately, but at same time, and going to live in Canada, second wife in separate province, mere existence of polygamous, legal marriages of male applicant to two spouses, constituting reasonable grounds to believe parties would practice polygamy in Canada pursuant to s. 293, or does husband and/or either of wives have to take active step in Canada, recognizing or referable to offending marriage before offence of polygamy made out?-Criminal Code, R.S.C., 1985, c. C-46 s. 293(1).