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

Poker rally draws dozens

Harlow mountain ride a blast, despite the weather

Critical Condition: ‘People are dying from treatable medical conditions’

Problems with ambulance service policies are systemic and province-wide, advocacy group leader says.

BC BUDGET: New spaces a step to universal child care

Fees reduced for licensed daycare operators

BC BUDGET: NDP cracks down on speculators, hidden ownership

Foreign buyers’ tax extended to Fraser Valley, Okanagan, Vancouver Island

BC BUDGET: Payroll tax replaces medical premiums

Health spending to increase $1.5 billion for drugs, primary care teams

Therapy dogs make appearance at B.C. Games

The St. John’s Ambulance therapy dog program launches a pilot project at the 2018 Kamloops B.C. Winter Games

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Canucks fold 5-3 in first ever trip to Vegas

Daniel Sedin had two points as Canucks fall to the Golden Knights Friday night

That’s a wrap: B.C. Games results after Day 1

Vancouver-Coastal Zone 5 is in the lead for medals Friday at the Kamloops 2018 B.C. Winter Games

Sticking the landing at the B.C. Games

Gymnasts talk competition, B.C. Winter Games, and teamwork in Kamloops

$153M in federal cash to fund child care, education training in B.C.

Bilateral agreement will create 1,370 new infant and toddler spaces

A B.C. woman talks her life in the sex trade

A view into the life from one Kelowna prostitute and the issues it can cause for women

Twitter feed prays for — instead of preying on — B.C. MLAs

Non-partisan Christian group wants to support politicians through personalized prayer

Hundreds march for justice in death of Winnipeg teen

Tina Fontaine was pulled from a river in 2014, her body wrapped in a blanket and weighed down by rocks

Most Read