Was polygamy illegal in Canada at the time polygamous Mormons fled the US?
Polygamy had been illegal in Canada since its inception in 1867, although no cases had been tried in a court of law. Around 1890, a splinter group of Mormons arrived from the US. These persons had been searching for a place to continue their practices after polygamy was banned in the church. Because Canada has traditionally frowned on polygamous relationships, almost all Canadian Mormons have drifted away from the practice and are now monogamous. Canada’s criminal code was adopted from the British at the time of Confederation (1867). The section pertaining to the definition of a marriage was derived from an 1866 legal decision in the UK, Hyde vs. Hyde. The 1890 case of Robb vs. Robb further refined the definition of a marriage in Canada. This case dealt with an ‘Indian’ marriage involving a white male, who later died. His will, leaving property to his daughter of this marriage, was challenged. Polygamy was practised among the members of the tribe he had married into and this was deemed
