Wednesday, September 23, 2009

Apparently, there will be no Polygamy Test Case in Canada

The charges against Blackmore and Oler? Dropped. Child abuse? Not even mentioned.
The Canadian Press/CTV - "A British Columbia court decision has quashed polygamy charges against two controversial B.C. religious leaders.

Winston Blackmore and James Oler were arrested earlier this year in Bountiful, B.C., and charged with one count each of polygamy.

The men had petitioned the court to stay the charges, arguing that the B.C. attorney general had gone 'special prosecutor shopping' until he found someone who would go ahead with charges.

In a decision released Wednesday, B.C. Supreme Court Judge Sunni Stromberg-Stein agreed.

The judge said the province's attorney general did not have the jurisdiction to appoint a second special prosecutor to consider charges against Blackmore and Oler after the first special prosecutor recommended against charging the two men.

She found that the appointment of the second special prosecutor -- and therefore the decision to charge the men was 'unlawful.'

The attorney general had no jurisdiction to appoint a second special prosecutor, the judge concluded."
Will the charges be brought back?
"(Blackmore and Oler's attorney) said he's not sure whether the charges could be resurrected.

'I believe this will be the end of the criminal case but what the judge has actually done is to quash the appointment of the special prosecutor,' (Bruce Elwood) said.

The B.C. Criminal Justice Branch will have to decide what they will do now, he said."
So, they went venue shopping to "get" someone. How strange. It is probably not an accident that the Canada avoided a "Charter Rights" issue at the same time.

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1 comment:

karateka said...

I would rather have a clear yes-or-no test case as I think we would win. But, for the sake of the families, I am glad they are able to get out of this quickly and cheaply.

Go enjoy your kids.