Friday, April 8, 2011

On January 6, 2011, Prof. Rebecca Cook provided expert testimony at the trial being held in front of the British Columbia Supreme Court on the question of whether the law banning polygamy is constitutional.

Prof. Cook was called as a witness for the Attorney-General of Canada, who is seeking to uphold the polygamy law. She told the court that the practice of polygamy violates international human rights law, and that the number of nations that outlaw it is increasing. She had already submitted an expert report to the court on "State Obligations to Eliminate Polygyny under International Law" (Google docs). 

Her testimony is featured in an article in The Province ("Polygamy subject to rights law: Prof," January 7, 2011).

Prof. Cook had earlier prepared a report on the subject for the Department of Justice Canada, Polygyny and Canada's Obligations under International Human Rights Law, by R.J. Cook and L.M. Kelly (Ottawa: Department of Justice of Canada, 2006). The full report is available online (PDF).

In 2010, Professors Mohammad Fadel and Anver Emon have also submitted briefs to the BC Supreme Court regarding the issue of polygamy in Islamic law and Islamic contemporary practice.

The David Asper Centre for Constitutional Rights has also submitted a brief to the court in conjunction with the Canadian Coalition for the Rights of Children regarding the need to consider the rights of children in the case.