Bigamy and Polygamy in Canada: Sections 290 and 293

Canada has two separate offences for multiple marriages. Bigamy (s. 290) is going through a form of marriage while already married, or marrying someone you know is already married. Polygamy (s. 293) is practising or entering into any form of polygamy or conjugal union with more than one person at the same time, whether or not the law recognizes it as a marriage, or celebrating or assisting in such a union. Both carry up to 5 years in prison. Charges are uncommon, but polygamy convictions have been entered in British Columbia in recent years.

What the law says

Bigamy is committed by anyone who, in Canada:

• being married, goes through a form of marriage with another person;
• knowing that another person is married, goes through a form of marriage with that person; or
• on the same day or at the same time, goes through a form of marriage with more than one person.

A Canadian citizen resident in Canada who leaves the country to do any of these things abroad also commits bigamy (s. 290(1)(b)).

Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who (a) 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; or (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a). (s. 293(1))

Defences to bigamy

No one commits bigamy (s. 290(2)) if:

• they believed in good faith and on reasonable grounds that their spouse was dead;
• their spouse had been continuously absent for the seven years before the new marriage, and they did not know the spouse was alive during that time;
• they were divorced from the first marriage; or
• the first marriage had been declared void by a court.

Is polygamy still a crime?

Yes. In Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588, the Supreme Court of British Columbia upheld s. 293 under the Charter, finding that the harms associated with polygamy justify the limit on religious freedom, but read the section so that it does not apply to minors who enter a polygamous union. The court also explained that the offence targets multiple marriages or marriage-like unions formalized by a ceremony or agreement, not people who simply live together with more than one partner. Two men from Bountiful, BC were later convicted under s. 293 in 2017.

Penalties

• Bigamy (s. 291): hybrid; up to 5 years by indictment.
• Polygamy (s. 293): hybrid; up to 5 years by indictment.
• On summary conviction: up to 2 years less a day and/or a fine of up to $5,000.

Related offences include forced marriage (s. 293.1) and marriage under age 16 (s. 293.2), each with up to 5 years. A second marriage while still legally married also has family law and immigration consequences: such a marriage is void.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

Is polygamy illegal in Canada?

Yes. Practising or entering into a polygamous or multi-partner conjugal union, or celebrating one, is an offence under s. 293 of the Criminal Code, punishable by up to 5 years. The BC Supreme Court upheld the law in 2011.

What is the difference between bigamy and polygamy?

Bigamy is going through a second form of marriage while already married, or marrying someone you know is married. Polygamy is practising or entering into a union with more than one person at the same time, whether or not the law recognizes it as a marriage.

Is it bigamy if I remarry before my divorce is final?

It can be. Bigamy is not committed if you were divorced from the first marriage or it was declared void, so marrying again before the divorce takes effect risks a charge, and the second marriage would be void.

Related offences

• Offences Against the Person and Reputation
• Forgery and Using a Forged Document in Canada
• Perjury in Canada

Sources

• Criminal Code, s. 290
• Criminal Code, s. 291
• Criminal Code, s. 293

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.