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Canadian Law Prohibiting Polygamy Faces Challenge

By Hilary White

VANCOUVER, January 8, 2009 (LifeSiteNews.com) – Canada’s anti-polygamy law will likely be facing a legal challenge now that the leaders of the controversial polygamous sect in Bountiful, near Cranbrook, British Columbia, have been arrested. Winston Blackmore, the “bishop” of the Fundamentalist Church of Jesus Christ of Latter-day Saints, and James Oler are facing criminal charges for practicing polygamy.

Wally Oppal, BC’s Attorney General, announced at a press conference that Blackmore and Oler were arrested yesterday by eight plainclothes RCMP officers. The two men were later released on their own cognizance after being charged. The two cooperated with the arrest and agreed to the release conditions that they surrender their passports, stay in British Columbia and not enter into or perform any “plural marriages.”

The two men are scheduled to make their first court appearance January 21. They are the first men to be charged with polygamy since the 1800s, even though police have known of the situation in Bountiful for more than 60 years.

Up until now law-enforcement officials have been hesitant to arrest practitioners of polygamy under fears that the law would not survive a challenge under the Canadian Charter of Rights and Freedoms. On at least two previous occasions the RCMP have recommended that arrests be made, but the Crown denied the recommendation, saying that the ban on polygamy would likely be struck down.

The estimated population of Bountiful in 1998 was 600 and has since grown to about 800. Most of the residents are descended from only half a dozen men who practice what is called in the breakaway Mormon sect “multiple marriage” or “celestial marriage.” Blackmore claims to have had 26 wives and more than 108 children. The mainstream Mormon church formally renounced polygamy more than a century ago.

In 2006, the Vancouver Sun released information stating that Utah's Attorney General is collaborating with British Columbia's Attorney General in attempting to deal with polygamy and the alleged abuse in Bountiful. But pressure has been growing in Parliament, especially since the institution of homosexual “marriage,” to change the law to allow for polygamy.

In 2007, Richard Peck, a criminal lawyer and BC special prosecutor reviewed the results of a police investigation and concluded that there was insufficient evidence to charge the group with sexual abuse or exploitation. He warned that the defendants would likely claim religious freedom as a defense. Peck recommended that the BC Attorney General petition the courts to determine if Canada’s ban on polygamy is constitutional.

Pro-family advocates have long warned that the erosion of legal marriage in Canada, as well as in other western countries, starting with no-fault divorce and most recently with the institution of homosexual “marriage” and civil unions, would lead to the legalisation of polygamy. Indeed, following the invention of same-sex “marriage” in Canadian law, the federal Justice Department under the Liberal government produced a report suggesting the legalisation of polygamy.

Read related LifeSiteNews.com coverage:

Polygamy Next "Right" on Judicial Chopping Block Warn Pro-Family Advocates
http://www.lifesitenews.com/ldn/2005/dec/05121305.html

Canadian Government Study Suggests Legalizing Polygamy
http://www.lifesitenews.com/ldn/2006/jan/06011301.html

Special report: The Conspiracy to Abolish Marriage in Canada
http://www.lifesitenews.com/ldn/2006/sep/060925a.html

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