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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

United Way grant provides food to 100 former prisoners, families

Abbotsford-based M2/W2 Association receives $25,000 to supply groceries

Kilby Park in Harrison Mills under water

Area is often subject to flooding, Historic Site will remain open through the summer

Foundry Abbotsford celebrates two years of service

Agency provides support to youth ages 12 to 24 and their families

Andrea Senft elected board chair of Abbotsford Community Foundation

Senft has worked for school district for 12 years and sits on several community boards

Abbotsford Police hold summer geocaching event

Residents invited to discover city while finding hidden treasures

‘This year is unlike any other’: Trudeau delivers Canada day address

Sophie Gregoire Trudeau and the Prime Minister release video celebrating the national holiday

Ottawa jail inmates argue anti-COVID measures a breach of charter rights

The prisoners allege guards did not wear masks until April 25

Nestle Canada selling bottled water business to local family-owned company

The Pure Life bottled water business is being sold to Ice River Springs

US unemployment falls to 11%, but new shutdowns are underway

President Donald Trump said the jobs report shows the economy is “roaring back”

Epstein pal arrested, accused of luring girls for sex abuse

Ghislaine Maxwell was in an intimate relationship with Epstein for years

B.C. repairs COVID-19 emergency order for local government

Ombudsperson shut out as his recommendations implemented

More than 50,000 Coronavirus cases reported per day in US

Coronavirus cases are rising in 40 of 50 US states

Trump plans huge July 4 fireworks show despite DC’s concerns

Despite health concerns from D.C.’s mayor, no one apparently will be required to wear masks

Canadian engineer detained in Egypt released, needs treatment, family says

Yasser Albaz was detained at the Cairo airport after a business trip in February of 2019

Most Read