Jim Oler (front) walks towards the Cranbrook Law Courts building in February. (Trevor Crawley/Cranbrook Townsman)

UPDATED: Crown appeals B.C. polygamous leader’s acquittal in child bride case

James Oler had been charged with taking his underage daughter to the U.S. to marry her off

B.C. polygamist James Oler should not have been cleared of allegations that he took his daughter to the U.S. to marry her off, the BC Court of Appeal has heard.

Special prosecutor Peter Wilson argued Thursday that the trial judge had erred in ruling there was no evidence that Oler had intended and acted to take his 15-year-old daughter to Nevada while he remained in Canada.

It had been alleged that Oler, along with Brandon James Blackmore and Emily Ruth Gail Blackmore, took their daughters out of the polygamous community of Bountiful in southeastern B.C. to the U.S., and then married them to Fundamentalist Church of Jesus Christ of Latter-Day Saints members in 2004 when both girls were underage.

Oler was acquitted in February 2017, while the Blackmores were found guilty and sentenced to jail time. Emily Blackmore is currently appealing her conviction.

Wilson’s argument centres on a jurisdictional issue: that the trial judge had wrongly interpreted the child trafficking statute under which Oler was charged as requiring both the child, and accused, to be in Canada at the time of the crime.

“The consequence of the error is significant,” Wilson said. “But for the error, I suggest that Mr. Oler would have been convicted.”

He argued the judge had agreed Oler understood that taking his daughter to the U.S. would mean she would have sex with her new husband.

The judge also acknowledged such a marriage would place the girl in a position of “dependence” on her new spouse, he said.

The subsection of criminal code under which Oler was charged says the accused’s actions to remove a child from Canada must facilitate sexual interference or sexual touching.

“There is no express language in the provision that dictates that the accused must be physically located in Canada while doing the event,” said Wilson.

Further, Wilson said the trial judge did not stay true to how Parliament intended the law to be followed.

He pointed to the broader-than-usual language in the Criminal Code, which prohibits “doing anything” to take a child from the country in order to commit a crime against them.

“I say it’s a strong signal that Parliament intended this offence to create an expansive prohibition against any activity that contributed to the sexual abuse of a Canadian child outside of Canada, irrespective of where the accused was at the time,” said Wilson.

Joe Doyle, a “friend of the court” who acted as a counterbalance to the prosecution but cannot offer legal advice or strategy, argued there was no proof that Oler’s daughter was in Canada when Oler received instruction to take her to Nevada.

Doyle criticized a woman formerly of Bountiful, who cannot be named, who testified as to Oler’s daughter’s time in that community, saying she only gave a “very broad statement that they went to school together for a long time.”

He challenged school records read out in court, saying the last records to show Oler’s daughter living in Bountiful were collected in February, with nothing to show that she was there in June leading up to the wedding.

“Her whereabouts at the time were entirely circumstantial,” said Doyle. “There’s no record of Oler and [his daughter] crossing the border” anytime in June.

Wilson argued the woman had testified that she and others had met up with Oler and his daughter at a “concealed place just below the border” when travelling from Bountiful to the U.S.

“There’s no evidence that Oler was anywhere other than Canada. There’s no evidence that [Oler’s daughter] was anywhere other than Canada,” said Wilson.

The panel of judges reserved judgement.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Homicide victim found under B.C. bridge identified as Hells Angels member

Chad John Wilson was one of four men arrested in Spain in 2013 on allegations of smuggling cocaine.

Arrest on outstanding warrants leads to more

A 41-year-old man was recently arrested in Kimberley on an outstanding warrant… Continue reading

Updated: Federal NDP leader Jagmeet Singh visits Cranbrook

Jagmeet Singh, the leader of the federal New Democratic stopped in Cranbrook… Continue reading

Kootenay ICE crack under weight of Moose Jaw Warriors

The Kootenay ICE welcomed the Moose Jaw Warriors to Western Financial Place… Continue reading

Locals Coffeehouse launches season with Saturday concert

Next installment of the popular concert series in Cranbrook set for Jan. 12, 2019

Six students arrested, charged in sex assault probe at Toronto all-boys school

The school’s principal, Greg Reeves, described the video of the alleged sexual assault as ‘horrific’

Case of bovine tuberculosis found in cow on southern B.C. farm

CFIA said the disease was found during salughter and they are investigating

Air force getting more planes but has no one to fly them, auditor warns

The report follows several years of criticism over the Trudeau government’s decision not to launch an immediate competition to replace the CF-18s.

B.C.’s Esi Edugyan wins $100K Giller prize for Washington Black

Edugyan won her first Scotiabank Giller Prize in 2011 for Half-Blood Blues

Bolder action needed to reduce child poverty: Campaign 2000 report card

The report calls for the federal government to provide more funding to the provinces, territories and Indigenous communities to expand affordable, quality child care.

Judge bars US from enforcing Trump asylum ban

Protesters accused the migrants of being messy, ungrateful and a danger to Tijuana; complained about how the caravan forced its way into Mexico, calling it an “invasion.”

Ottawa Redblacks defensive back Jonathan Rose suspended for Grey Cup

Rose was flagged for unnecessary roughness and ejected for contacting an official with 37 seconds left in the first half following a sideline melee after a Tiger-Cats reception.

Mistrial declared in Dennis Oland’s retrial in father’s murder

The verdict from Oland’s 2015 murder trial was set aside on appeal in 2016 and a new trial ordered. Richard Oland, 69, was found dead in his Saint John office on July 7, 2011.

Laine scores 3 as Jets double Canucks 6-3

Injury-riddled Vancouver side drops sixth in a row

Most Read