Bill S-7 – The Zero Tolerance for barbaric Cultural Practices Act

2nd Jun 2015 Comments Off on Bill S-7 – The Zero Tolerance for barbaric Cultural Practices Act

On November 5, 2014, the Leader of the Government in the Senate introduced Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, otherwise known as the Zero Tolerance for Barbaric Cultural Practices Act (“Bill S-7“).

Bill S-7 has mainly received media attention because of its arguably inflammatory title.  The actual significant impacts for prospective immigrants and practitioners are:

Current
Proposed

Practising polygamy does not result in a foreign national or permanent resident being inadmissible to Canada.
A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national.

Marriage requires the free and enlightened consent of two persons to be the spouse of each other.

No person who is under the age of 16 years may contract marriage.

There will be a new offence that everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

There will be a new offence that everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

A judge may order a person to enter into a recognizance with conditions to keep the peace and be of good behaviour for the purpose of preventing the person from committing an offence relating to the marriage of a person against their will or the marriage of a person under the age of 16 years or relating to the removal of a child from Canada with the intention of committing an act that,  » Read more about: Bill S-7 – The Zero Tolerance for barbaric Cultural Practices Act  »

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