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

Severe thunderstorm watch issued for Okanagan Valley

Strong winds, rain, and lightning may be expected for Kelowna, Vernon, and Penticton

B.C. wine industry legend Harry McWatters dies

Among his accomplishments, McWatters founded the province’s first estate winery, Sumac Ridge Estate

$250,000 worth of property stolen from Penticton storage

Police are investigating after a possible theft on the weekend

Concern for growing amount of impaired drivers in Penticton

Vehicle rolled three times before coming to a stop in a ditch near Kaleden

Phone scam making its way through the South Okanagan

A telemarketing scam is targeting area residents

Okanagan-based pop star Andrew Allen is back with a new band

Singer-songwriter Andrew Allen is bringing his new band home for a concert this Friday

Injured mountain biker rescued in Kelowna

Reports of an injured mountain biker on Crawford trails

B.C. teacher suspended for professional misconduct

Grade 8 shop teacher admits to use of vulgar language and profanities toward students

Northern B.C. double homicide, suspicious death: A timeline of what we know

Two teens from Port Alberni are now wanted Canada-wide in connection to the three deaths

Okanagan man grows tomato with an… unusual shape

The man could only conclude that it was a decidedly “male” tomato.

Provincial health body refuses to release full findings of cancer triage system audit

Information and Privacy Commissioner asked to review redactions

Southern resident killer whale died of blunt trauma, likely from ship

J34 was found more than two years ago near Sechelt, but the necropsy findings have now been released

Supportive housing first step to healing: BC Housing CEO

Shayne Ramsay explains changes to Rutland’s McCurdy development

Central Okanagan motorcycle crash causes two impaired driving investigations

The driver’s injuries, although serious, are not believed to be life-threatening in nature

Most Read