Canada Prosecutor Asks for Polygamy Clarification from Supreme Court
http://www.sltrib.com/polygamy/ci_13618341
By Brooke Adams - Salt lake Tribune
Updated: 10/22/2009 11:58:51 AM MDT
The attorney general of British Columbia said Thursday he will not appeal a court ruling that quashed prosecutions of two polygamous leaders.
Michael de Jong said he will, however, ask the province's supreme court to settle a conflict between the criminal code and the country's Charter of Rights and Freedoms on polygamy.
Section 293 of the criminal code makes polygamy illegal; the charter allows full exercise of religious beliefs.
The attorney general said he wants the court to settle whether the law criminalizing polygamy is constitutional and whether it makes a difference if the relationship involves a minor.
"British Columbians and Canadians deserve and want to know whether valid laws are in place that prohibit polygamous relationships, particularly when those relationships involve minors," de Jong said in a statement. "I am asking the court for its direction so the justice system, in B.C. and in Canada, can address the serious social harms that can result from the practice of polygamy."
The Supreme Court of British Columbia quashed prosecutions of Winston Blackmore and James Oler in September, saying the previous decision of a prosecutor to not pursue charges was binding
Bauman agrees to appointment of Vancouver lawyer in polygamy ref
Bauman agrees to appointment of Vancouver lawyer in polygamy reference case
Friday, December 4th, 2009 | 11:40 am
http://www.kelowna.com/2009/12/04/bauman-agrees-to-appointment-of-vancou...
Canwest News Service
B.C. Supreme Court Justice Robert Bauman agreed Friday to the appointment of Vancouver lawyer George Macintosh as an"amicus" in the constitutional reference case to determine whether Canada's anti-polygamy law is constitutional.
Macintosh will argue that Criminal Code Section 293, which prohibits having multiple spouses, is unconstitutional and ought to be allowed. He will be making the case against the combined forces of the B.C. attorney general's ministry and the Canadian justice department.
The decision is the first step in an unusual and unprecedented reference case. It is the first time in B.C. and possibly Canada that a constitutional reference has been heard in a trial court where lawyers for both sides can call witnesses.
Bauman also directed that any interested persons or groups that wish to intervene in the case should be notified and agreed that they would be heard. In his written ruling, Bauman said that he anticipated that both Winston Blackmore and James Oler would participate as intervenors. Blackmore and Oler were the two leaders fromthe fundamentalist Mormon community of Bountiful who were charged with one count each of polygamy. Those charges were quashed by a B. C. Supreme Court justice and rather than appeal her ruling, Attorney General Mike de Jong decided to pursue a reference case.
I told you!!!!!
Like I said this will not just go away... Yes for the AG of BC... Make the courts or the law makers make a clear statement.. Are concenting adults allowed to choose what form their relationships will take for them selfs or have it dictated from the state. I vote for choice.. of concenting adults..!!!!
Carl