Dear Government of Canada:

The Zonta International Canada Caucus calls for the Government of Canada to end domestic child marriage by raising the legal age of marriage throughout Canada to 18 years, no exceptions.

The United Nations defines child marriage as the formal or informal union of any person under the age of 18.  The practice is widely considered a violation of human rights[1] with negative consequences that affect primarily girls.  The proportion of women who marry before the age of 18 is one of the quantifiable targets used to measure progress toward the United Nations Sustainable Development Goals (SDGs), which call for an end to child marriage by the year 2030.  Consequently, child marriage is recognised as an international indicator of gender inequality.

Canada has placed itself at the forefront of global efforts to end child marriage as part of its commitment to the United Nations SDGs.  In June 2017, the federal government adopted its Feminist International Assistance Policy intended to empower women and girls and explicitly end child marriage.  In 2019, Prime Minister Justin Trudeau announced a funding increase of 1.4 billion dollars per year by 2030 to fund global programs to end child marriage.  Despite emphasising gender equality and attention to child marriage in the country’s foreign policy, child marriage remains legal throughout Canada.

The United Nations 18-year threshold for the definition of child marriage is consistent with the Canadian distinction between childhood and adulthood.  Below the age of majority, persons are prohibited from purchasing alcohol, cigarettes or marijuana, from voting and from signing contracts.  The continuing legality of child marriage below the age of 18 throughout Canada represents a curious exception to these restrictions.[2]

The fact that Canada continues to legally permit child marriage domestically while simultaneously advocating for its elimination internationally suggests either an explicit double standard or an implicit assumption that child marriages are less concerning (or do not exist) in the Canadian context.[3]  From an ethical and human rights perspective, this is a difficult argument to support, especially since domestic child marriage practices reflect the same gender inequalities observed in low- and middle-income countries.

Thus, there is an obvious discrepancy between Canada’s domestic law and its foreign policy on this issue.  The continuing legality of child marriage in Canada undermines the credibility of the country’s efforts to curb the practice elsewhere.  Failing to acknowledge or address the practice domestically perpetuates the myth that global health and development issues like child marriage only occur in other countries.

Research[4] has shown that girls married before the age of 18 are more likely to experience:

• suicidal thoughts
• domestic violence
• living in poverty
• substance abuse
• mental health disorders later in life
• divorce
• maternal health and pregnancy complications
• lower educational attainment, including dropping out of school 
• negative consequences for personal development
• negative economic opportunities which may also affect their children

Canadian Family Law states that “forcing your child into marriage” constitutes child abuse and is illegal.[5]  Child marriage perpetuates gender inequality and should concern domestic policy on children’s rights.

Currently, the Government of Canada conceals the proportion of child marriages by aggregating the percentages of 15-19-year-olds married over a five-year period.  This approach fails to be transparent about domestic child marriage when reporting on Canada’s progress toward the SDGs.[6]  Failing to report perpetuates an existing double standard whereby only some countries are held accountable for their international commitments.[7]  Clearly, Canada has work to do to end domestic child marriage and meet its international commitment to the SDGs.

In summary, we are demanding Canada raise the legal minimum age for marriage to 18, no exceptions. Raising the legal minimum age to 18, no exceptions, would set a valuable precedent and bring domestic law in line with the country’s international commitments and stated values.  Adopting the same strategy in Canada is a logical and equitable approach, serving to strengthen our nation’s credibility on the global stage and ending this human rights abuse.

Sincerely,

Zonta International Canada Caucus

 

[1] Koski, Mangat & Wright. (2023). The evolution of child marriage as a human rights concern. Human Rights Review, 24(4), 585-604.
[2] Caroll & CBC Kids News. (8 March 2023). Child marriage just became illegal in England but still happens in Canada. https://www.cbc.ca/kidsnews/post/child-marriage-just-became-illegal-in-england-but-still happens-in-canada 
[3] Koski & Clark. (2021). Child marriage in Canada. Population and Development Review, 47(1), 57-78.
[4] Cf. Koski & Clark (2021) for a fuller discussion.
[5] Government of Canada. (2020). https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/learn-about-canada/laws/family-law.html
[6] Koski & Clark. (2021). Child marriage in Canada. Population and Development Review, 47(1), 57-78.
[7] Donald & Way. (2016). Accountability for the Sustainable Development Goals: A lost opportunity? Ethics & International Affairs, 30(2), 201–213.