Canada will have to test its polygamy law versus its right to religious freedom. The US did so long ago.
Here is news link about the arrest:
Experts seem to think that the polygamy law will fall.
Canada’s courts ultimately might have no choice but to rule that polygamy is protected under the Charter of Rights and Freedoms, legal experts say.
Over the past two decades, four attorneys-general in British Columbia have been reluctant to lay a charge because of a fear that their cases would have no chance of surviving a religious freedom defence under the Charter.
Last April, Wally Oppal, the current Attorney-General, said the criminal justice branch believed any prosecution would fail because of a possible violation of the constitutional guarantee of religious freedom.
Charles O. Card came to Canada as a fugitive, having been charged in Utah with polygamy in 1886, settling in a place that was later named Cardston, Alberta in 1887. The following year, Card and two other leaders from the Church of Jesus Christ of Latter-day Saints went to Ottawa to ask the prime minister whether they would be allowed to bring their plural wives to Canada.
But Sir John A. drew the line at polygamy. He extracted a promise from Card and the others that they would not practise polygamy in Canada. It was only after the Northwest Mounted Police reported a few years later that the promise was not being kept that the government passed the anti-polygamy law in 1890.
Despite the Mormons breaking their promise, the Canadian government hired John W. Taylor, who had gone to Ottawa with Card, as its Utah agent to encourage Mormons to move north. Taylor subsequently defrauded the government, charging it for twice as many settlers as actually materialized. That said, the Mormon population grew by nearly 10,000 between 1901 and 1911.
And although Taylor along with Card had promised that Mormons would not practise polygamy in Canada, Taylor used the government-subsidized visits to Alberta as an opportunity to perform plural marriages.