Proxy marriages are marriages that are conducted without both parties being physically located in the same location as where the marriage is performed and legalized. In the vast majority of cases, proxy marriages are conducted with a representative acting for and consenting to the marriage in the place where the marriage is solemnized in the absence of one party. In our experience, proxy marriages are more commonly used by those with a Muslim background and can be useful tools where travel to a location is dangerous or unpractical.
The Canadian government has now issued policy changes to immigration officers barring proxy marriages for the purposes of sponsorship, unless they involve a Canadian military service member:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob613.asp
The government's ostensible justification for this change is to protect parties from being married without consent or with undue family pressure. As usual the government has not provided any evidence that this policy change is necessary to protect individuals or demonstrated that the changes serve some legitimate immigration policy purpose.Instead these changes will disproportionately affect those from a traditional Muslim background. It will be interesting to see if this change is challenged, due to lack of constitutionality, as the Canadian forces exemption creates a case for prima facie discrimination. Further, it can likely be shown that this will disproportionately affect Muslims as opposed to other religious groups. It will then be up to the government to justify the changes on other grounds. Given this government's track record before the Supreme Court they will likely not be able to do so.
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