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Email: "British Columbia to Seek Supreme Court Opinion on Whether Polygamy is Constitutional"

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BY LifeSiteNews.com By Elizabeth O’Brien VANCOUVER, BC, August 2, 2007 (LifeSiteNews.com) - A private special prosecutor of the BC Attorney General has requested that the top BC courts examine the constitutionality of polygamy in Canada. The decision will take into account the religious freedom and equality provisions outlined by the Charter of Rights and Freedoms.The request was made after BC Attorney General Wally Oppal hired Vancouver lawyer Richard Peck to investigate the community of Bountiful, a breakaway sect from Mormonism that practices polygamy. Before cracking down on the group, Oppal, who has attempted for years to bring charges against the community, wanted to see what might happen in a future court decision. Following his investigation, Peck advised that sex-abuse charges not be laid, but rather that a reference question be addressed to the BC Court of Appeal and "a probable further appeal to the Supreme Court of Canada," the Globe and Mail reports.Located in south-eastern BC, the community has flagrantly broken the Canadian anti-polygamy law for over sixty years, and there is evidence that older men have been importing wives from the US and having sex with girls who are as young as 13. In addition, when boys reach adolescence they are removed from the community to ensure less competition for the older men.At present polygamy is illegal in Canada under section 293 of the Criminal Code and has been  for many years, yet actual prosecutions have been extremely rare. In 1990, the Globe and Mail reports, the Crown rejected the idea of prosecuting Bountiful because they were afraid that it might result in the polygamy law being overturned. In a court case the polygamy ban could be struck down as unconstitutional under the freedom of religion and equality provisions in the Charter of Rights and Freedoms. If this happened, however, it would likely open up a whole pandora’s box of problems. As Gwen Landolt, National Director of REAL Women of Canada, explained to LifeSiteNews.com, once you allow polygamy based on the Charter there will be a whole string of minority groups demanding outrageous rights. She stated, "It’s endless, the chaos this has created, and we’re paying for it now." Portions of Peck’s report were released after the investigation emphasized the importance of a definitive decision on polygamy. He wrote, "The legality of polygamy in Canada has, for too long, been characterized by uncertainty." As a result, "the integrity of the legal system suffers from such an impasse and an authoritative statement from the courts is necessary in order to resolve it."  Peck also stated, "After an extensive study of the relevant material, I have come to the conclusion that polygamy itself is at the root of the problem." Agreeing to defend his recommendations in court if necessary, Peck concluded, "Polygamy is the underlying phenomenon from which all the other alleged harms flow, and the public interest would best be served by addressing it directly."  Landolt, however, pointed out an even deeper issue that she believe is the real root of the problem. She explained that when the laws safe-guarding marriage were broken down during the same-sex "marriage" rulings, it opened the door to the ever more bizarre issues that Canadians’ are presently facing.   Landolt told LifeSiteNews.com, "During the debate on same-sex marriage, when Liberal Minister of Justice Irwin Cotler adamantly testified that polygamy would not be an issue, everyone knew very well that it would be. If you can break down the laws guarding heterosexual marriage between a man and a woman, then anything can happen. If you can have a partner of the same sex, then logically you can have two or three of the opposite sex."   She continued, "If polygamy is upheld in Canada, how long will it take to be upheld around the world? As the same-sex marriage has turned out to be, it’s an international problem."   See related LifeSiteNews coverage:  Canadian Government Study Suggests Legalizing Polygamy http://www.lifesite.net/ldn/2006/jan/06011301.html  Provincial Attorney-General Warns Canada’s Polygamy Law Open to Legal Challenge http://www.lifesite.net/ldn/2005/feb/05020406.html  LifeSite Special Report: The Conspiracy to Abolish Marriage in Canadahttp://www.lifesite.net/ldn/2006/sep/060925a.html  BC Teacher’s Union Urges Province: Defund Faith-Based Schools Teaching ‘Religious Intolerance’ http://www.lifesite.net/ldn/2006/mar/06031604.html  Read MacLean’s Magazine Article: Polygamy: Legal in Canada http://www.macleans.ca/article.jsp?content=20070625_106285_106285  Read REAL Women of Canada Article: Polygamy Around the Corner http://www.realwomenca.com/newsletter/2006_jan_feb/article_5.html http://www.lifesitenews.com/news/british-columbia-to-seek-supreme-court-opinion-on-whether-polygamy-is-const/

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