The editorial suggests that we need some clarity on this issue, and does not seem to be optimistic that a polygamy charge could be upheld:
The people of Bountiful seem prepared to testify to polygamy's benefits, and in the event of a Supreme Court reference they will find allies in other cultures ranging from Saudis and Somalis to non-religious polyamory advocates. That could leave little friendly ground left for Section 293 to flee to, logically.
The Supreme Court has already reinvented Canadian marriage for the benefit of gays and lesbians, and given that polygamy is accepted across huge parts of the globe (and was practised personally by the prophet of a major worldwide religion), the Court would surely not like to get caught protecting a Western "tradition" in the name of a mere ethnic or quasi-religious prejudice.
So let's assume that one day, polygamy will be legal in Canada. Will those folks be pushing for another redefinition of "marriage"? And how will we handle the spousal benefits?
Anyone in family law would be dealing with complex issues in the event of a divorce. Child custody battles could be a nightmare.
Of course most of us agree that this is not a desirable situation, but how can we prevent it?
Personally, I think it is inevitable, and I challenge you to prove otherwise.