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

Forestry watchdog warned B.C. government about Bamfield Road in 2008

Ombusman’s specific concerns re-surface in wake of fatal bus crash

Victoria puppy dies after consuming poisonous mushrooms

A chocolate lab turned in to the Victoria Humane Society died Thursday morning

Mobile palliative care team launches for downtown Victoria’s homeless population

UVic, Cool Aid, Victoria Hospice and Island Health team up for end-of-life care services

UVic announces review into circumstances of fatal bus crash

Upcoming student trip on the same route not cancelled

VIDEO: Trudeau asks Canada to look to current, not past, actions on race

Liberal leader says he never spoke about the racist photo because he was embarrassed

Crime Stoppers most wanted for Greater Victoria for the week of September 17

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: Should the province step in to upgrade the road to Bamfield?

The death of two University of Victoria students on a bus bound… Continue reading

Teens charged in stabbing death of B.C. man at shopping mall

Two youths, aged 15 and 16, charged in Aug. 16 killing of South Surrey’s Paul Prestbakmo

B.C. Premier John Horgan worried about ‘rise of racism’

Asked to comment on Justin Trudeau’s ‘blackface’ incidents

Human case of West Nile virus reported on Vancouver Island

B.C. Centre for Disease Control confirmed case reported in August

Photos surface of Conservative candidate at B.C. event with people in blackface

The controversial “Black Peter” character has been a feature at Sinterklaas celebrations

B.C. Liberal leader says private sector development will help housing affordability

Andrew Wilkenson spoke in Kelowna during a real estate conference

Legislature gifts, clothing, travel need better control, B.C. auditor says

Audit follows suspensions of managers by Speaker Darryl Plecas

Most Read