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

Firefighters train for ice rescue

Local emergency personnel get hands-on experience at Idlewild Lake.

WATCH: The top stories in Cranbrook this week

Take a look back at the top stories in Cranbrook between Nov. 11-17.

Forecasters promote avalanche safety awareness

Avalanche Canada advising backcountry enthusiasts to get proper training and equipment.

Oil dumped illegally at Tie Lake Transfer Station

The Regional District of East Kootenay is searching for any information in… Continue reading

Blues guitar wizard returning to Cranbrook

Colin James plays the Key City Theatre in March, 2018

Cranbrook boy, 6, creates blankets for kids

Elias Quick feels everyone deserves a fuzzy blankets, especially at Cranbrook Transition House and Alberta Children’s Hospital

Barra MacNeils’ Celtic Christmas touches down in Cranbrook Nov. 28

The Barra MacNeil’s national Christmas tour makes its way from coast to… Continue reading

Christmas Village 2017 in support of United Way EK

For the second year in a row, the Cranbrook Townsman, Kimberley Bulletin and Black Press are hosting a magical Christmas village in support of the community.

B.C. reporter reflects on covering Charles Manson

Charles Manson, leader of a murderous cult, died on Sunday at 83

ICBC overbilling for crash repairs not the problem, dealers say

Collision repair shops reject union claim of inflated costs

B.C. groups to address child sex abuse in sports

viaSport is organizing a full day of education in association with Canadian Centre for Child Protection and the Coaching Association of Canada.

Report sets exercise guidelines for young kids, including ‘tummy time’ for babies

Kids aged one to four should get at least three hours of physical activity throughout the day

Most Read