Interesting article from the Toronto Sun today, HT (Brooke Adams–Salt Lake Tribune reporter/blogger). A Pakastani Muslim, Shaikh Akhtar Hussain, who is also a retired banking executive, is trying to immigrate to Toronto. The problem? Well, horror of horrors, he’s a practicing polygamist!
Canadian immigration officials denied Mr. Hussain entry earlier solely based on his religious belief in the Muslim (Old Testament based) practice of polygamy:
A Pakistani man whose Muslim religion allows him to have up to four wives has been given a second immigration hearing that will decide if can resettle in Canada if he only brings one spouse.
Shaikh Akhtar Hussain, a retired banking executive, said he’ll only bring his first of two wives and their six children if he’s allowed to immigrate to Toronto from his native Pakistan, according to a Federal Court of Canada decision.
Hussain was refused entry earlier this month by a Canadian visa officer in Pakistan who deemed him inadmissible because he practises polygamy.
“He intended to be accompanied by one wife if granted status in Canada,” the court heard. The officers referred to his case as a “peculiar, polygamist family situation.”
Madame Justice Elizabeth Heneghan, has ordered immigration officials to grant Mr. Hussain another immigration hearing noting that his private life has nothing to do with his immigration status:
Madame Justice Elizabeth Heneghan said a visa officer’s view of Hussain’s private life had little to do with his immigration to Canada and ordered another immigration hearing, slated to take place soon.
Mr. Hussain’s lawyer pointed out that:
“Our immigration law doesn’t address … bringing both wives to Canada,” Hussain’s Toronto lawyer, Ali Amini, said yesterday. “I am optimistic this family will get their visas and be coming to Canada soon.”
Hussain told the truth about his polygamous relationship to immigration officials, Amini said.
“It is quite common under Muslim laws for a man to have up to four wives,” he said. “This is a very good decision for members of the Muslim community.”
If the second hearing is unsuccessful, they plan to appeal on constitutional grounds, freedom of religion:
Amini vows to appeal the case on constitutional grounds based on religious freedom if a new hearing is unsuccessful.
He said the second wife can be sponsored to Canada by Hussain after a period of time.
Hussain and his family can be in Toronto in about six months to a year if he wins his hearing, his lawyer said.
What really strikes me as almost comical is the refrain from a Canadian immigration lawyer who flatly rejects the polygamy argument claiming it is against the law:
But Quebec immigration lawyer Richard Kurland, who handles many federal court cases, said people involved in polygamous relationships are not allowed in Canada.
“Polygamy is illegal under the Criminal Code,” Kurland said yesterday.
Well, I say, more power to you Mr. Hussain. If the great Canadian social experiement with genderless marriage is OK, then current anti-polygmay laws should likewise be swept away. Afterall, if the anti-miscegenation law argument is good enough for genderless marriage–why not polygamy? This case and Canada’s clumsy attempt to enforce their questionable polygamy laws against the FLDS in Bountiful will be an interesting watch.
April 3, 2009 at 6:00 pm
This is ridiculous.
Polygamy was made legal in Canada by Justice Koch in Saskatchewan in 2009 Family court decision. The judge ruled a Canadian can have as many spouses as they wish under the Family Property Act Section 51 which states that married person, commmon law spouses etc.. in any combination can have as many conjugal/spousal same time conjugal unions as they wish.. Why do we persecute Muslims for doing what is legal in Polygamist Canada?
April 13, 2010 at 12:35 pm
Jason,
I am really interested in the court case reference you cited (I am a polyamorist) but can’t find it with just the year and judge’s name. Can you give me a more specific reference?
Thank you,
Michael
April 3, 2009 at 8:08 pm
It actually does make a difference in terms of immigration law, Jason, since many other countries formally recognize multiple marriages. Thus the law will have to take some sort of stand on whether more than one wife can qualify to enter as a spouse under Canadian law, just like states in the USA must grapple with recognizing same-sex marriages performed in other states. It’s hardly “persecution” since he hasn’t even moved to Canada yet and therefore is not under Canadian jurisdiction.
That said, it he is allowed to bring both wives in, the criminal statute will not stand — it would be absurd to have an immigration law which allowed men to bring in multiple women due to their being “wives” for immigration purposes, yet criminalize polygamy.
April 6, 2009 at 6:07 am
Roger,
The Saskatchewan multiple conjugal union case was a marriage that occured in Canada. WHile the person was already married the judge ruled she could marry again or have common law spouses simultaneously. The point is that that happened in Canada. These were not foreign Polygamous marriages, they occured in Saskatchewan and Ontario. It must be religeous persecution to deny Muslims the same rights as a Saskatchewan and Ontario resident has?
April 7, 2009 at 6:25 pm
Who will sue and put in jail justice Koch, Saskatchewan , for performing a polygamous union? Attorney General Nicolson, of saskatchewan must put Koch in jail for violating Canada’s Polygamy law? He “assisted” with creating illegal multiple conjugal unions contrary to section 293 of the Criminal code.
RCMP.. anyone listening??
April 12, 2009 at 6:35 am
RCMP
Is that like “Royally inCompetent Meadow Persons?