B.C. judge upholds polygamy law

A B.C. Supreme Court judge has upheld Canada's law against polygamy, because of potential harm to women and children.

B.C. Attorney General Shirley Bond

A B.C. Supreme Court judge has upheld Canada’s law against polygamy, finding that the potential harm to women and children in multiple marriages outweighs the infringement of religious freedom.

The ruling clears the way for the B.C. Attorney General’s ministry to try again to prosecute leaders of Bountiful, a polygamous community in southeastern B.C. near the Idaho border.

Charges against Winston Blackmore and James Oler, rival leaders of the community, were dismissed on a legal technicality by another B.C. judge in 2009. Blackmore was charged with having 19 wives and Oler three wives.

Attorney General Shirley Bond said Wednesday the ministry will take time to study the complex ruling before deciding what to do next. After the prosecution was turned away, the government proceeded with a reference case, to see if the rarely used law conforms with the Charter of Rights and Freedoms.

“Our case was in essence quite simple – that there are profound harms to children and women related to polygamy, and today I think that Justice Bauman clearly embraced government’s argument,” Bond said. “My job now is to go back and assess what implications this might have for a future potential prosecution.”

Bond added that with many intervenors in the case, the judgment is likely to be appealed.

Chief Justice Robert Bauman issued a 300-page ruling Wednesday after hearing testimony from expert witnesses as well as people who have lived in Bountiful, an isolated community of about 1,000 people belonging to the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Bauman surveyed the history of marriage around the world and found that preserving monogamous marriage “represents a pressing and substantial objective for all of the reasons that have seen the ascendance of monogamous marriage as a norm in the West.” He rejected arguments that there is such a thing as “good polygamy.”

The Fundamentalist Church of Latter-Day Saints split with the mainstream Mormon church a century ago rather than renounce multiple marriage.

The B.C. community was established in the 1940s, but didn’t come to public attention until the 1980s. Similar communities exist in the U.S., particularly in Utah where the Mormon church was founded.

Just Posted

Kootenay-Columbia incumbent MP responds to Trudeau brownface scandal

Stetski proud of NDP leader Singh’s reaction, which focused on people not power

Liberals’ Kootenay-Columbia candidate stands by Trudeau despite scandal

Robin Goldsbury says the prime minister’s racist photo is a learning opportunity

Aquifers, water quality exceedances, and concerns for drinking water in Golden and Area A

Water quality and quantity issues are reaching a pinnacle in Golden and… Continue reading

Golden Landfill receives second operational warning letter from MoE

The Ministry of Environment (MoE) has issued a second warning letter to… Continue reading

Two Global Climate Action Strikes taking place in Golden on September 20

Two events in Golden are taking place simultaneously as others across the… Continue reading

VIDEO: Grizzly bears fight along northern B.C. highway in rare footage

Cari McGillivray posted the head-turning video, shot near Stewart, B.C., to social media

Police arrest B.C. phone scammer linked to illegal call centres in India

Person arrested in Burnaby here on a work visa, says police

Air Canada forced girl, 12, to remove hijab: civil rights group

The San Francisco Bay Area office of the Council on American-Islamic Relations calling for change

Man from Winnipeg who was hiking alone found dead in Banff National Park

RCMP say the man was hiking alone on Mount Temple Thursday

One-in-five British Columbians think they’ll win big while gambling: study

Roughly 58 per cent of British Columbians bought at least one lottery ticket in past year

Takaya, B.C.’s intriguing lone wolf, seen eating seal and howling away on Discovery Island

Fun facts about Takaya the wolf, like his a 36-hour tour around Chatham, Discovery Islands

Resident finds loaded shotgun inside a duffle bag in Kelowna alleyway

RCMP seized a loaded 12-gauge shotgun, ammunition, clothing and other items

Graffiti, calls and Snapchat: RCMP probe string of threats targeting Kamloops schools

There have been nine different threats made to four different schools in the city

Oak Bay father’s testimony at murder trial like plot of ‘bad low-budget movie:’ Crown

Crown alleged Andrew Berry’s ‘entire story of Christmas Day is a lie’

Most Read