Forced Marriage

The offence of forced marriage is outlined in section 293.1 of the Criminal Code.

A person commits the offence of forced marriage when they celebrate, help, or participate in a marriage ceremony or ritual knowing that one of the persons getting married is marrying against their will.

Examples

Person A officiates a marriage between person B and person C despite knowing that person C does not wish to marry person B.

Person D attends the wedding of person E and person F despite knowing that person E is being coerced into the marriage.

Offence Specific Defence(s)

No Knowledge

Where the person does not know that one of the persons getting married is marrying against their will, they have not completed the offence of forced marriage by celebrating, helping with, or participating in the marriage ceremony or ritual.

No Marriage

Where the person is not celebrating, helping with, or participating in a marriage ritual or ceremony but some other kind of ritual or ceremony where one of the participants is participating against their will, the person may not have completed the offence of forced marriage. They may, however, have committed another criminal offence.

Willing Participants

Where both persons getting married are willing to marry each other, a person celebrating, helping with, or participating in the marriage ritual or ceremony will not have completed the offence of forced marriage.

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