The Canadian Press/CTV - "A British Columbia court decision has quashed polygamy charges against two controversial B.C. religious leaders.Will the charges be brought back?
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."
"(Blackmore and Oler's attorney) said he's not sure whether the charges could be resurrected.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.
'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."
The Canadian Press/Google News - "Wally Oppal, one of Premier Gordon Campbell's most recognizable and trusted ministers, lost his suburban Vancouver seat to an Independent, apparently over divisive local issues.Hat tip to "Share the Light," Winston Blackmore's blog.
'It is a disappointment, because when we went in there, we thought we would do well,' Oppal told reporters in Vancouver Tuesday after the results were announced."
Hat tip to "VESTA Status of Womens News" for noticing this one. I wouldn't say it's a blog populated by fellow travelers, but it's about the funniest thing the opposition has come up with. There is also a reprinted and well reasoned piece immediately below this cartoon, Joey Thompson writes;The Daily News (Nanaimo) - "Previously, there were two significant societal changes that I believed were instituted solely because of idealism.
The first was the implementation of the metric system by Trudeau. There simply wasn't a need or desire for that change.
The second was the fast ferries. Again there wasn't much desire or demand for faster ferries but an elected official knew better than the rest of us.
I suggest the same is true of the polygamy charges laid by Wally Oppal. He had to shop this idea to three people before he found someone who agreed. Since there are no sexual exploitation charges, there is no interest. I would suggest that if the province were to ban plastic bags the talk shows and editorial pages would be burning up compared to this yawn fest. Oppal may be fighting the good fight but for whom?
He has stuck his neck out a long way here and many believe he will lose. The risk/reward ratio on this is far too high."
I tend to agree with Grant, that the fight is not being fought for anybody, unless you count busibodies that stare in bedroom windows and become even more excited (YFZ) when they cannot. If Oppal tries to really win the case, it will probably be along the lines of abuse, which they will now have to find, and they will need witnesses, who claim to be victims.
The cartoon may have to be rewritten, with Wally Oppal down on his knees, Romancing the Stone carving of Blind Justice.
KTVX - "After years of investigation by the Royal Canadian Mounted Police, the Crown's prosecuting attorneys in British Columbia charged the leaders of two polygamist groups (one is F.L.D.S., the other a splinter group) with one count each of polygamy.
Just one count each. A test case.
Backed by a strong anti-polygamy law, section 293 of the Canadian Criminal Code, B.C. District Attorney Wally Oppal argues he doesn't have to look for crime within polygamy, polygamy itself is the crime. His case may well hinge on proving that polygamy by definition is abuse. Whether the man is kind or mean, principled or ruthless, polygamy is inherently abusive of women and children.
That is very different from the approach of Shurtleff and Goddard. The question is, which is the better?
If Oppal succeeds, it could open the door to hundreds of prosecutions in Canada. Even the mere threat of such prosecutions could lead to a mass exodus of polygamists from Bountiful -- that's what they call their community in the Creston Valley of British Columbia.
And where do you think all those Canadian polygamists would end up? Yep. Here. In polygamist enclaves in South Dakota, Nevada, Texas, Arizona and Utah.
We should pay close attention to what happens in a Canadian courtroom. It may well have irrevocable consequences for those of us in the States."
The Globe and Mail - "In a sensational turn in a 20-year-old debate over the issue of polygamy in Canada, police have charged Jim Oler and Winston Blackmore.
The two men were charged each with one count on Tuesday and have not yet appeared in court. Mr. Oler is charged with 'practising polygamy' on Nov. 4, 2004 with two women. Mr. Blackmore is charged with 'practising polygamy' on May 1, 2005, with 22 women."
One is always tempted to make the joke, "how do you practice polygamy?"
"Polygamy is an indictable offence in the Criminal Code."
"Multiple-wife marriages have been legally recognized in Canada to award spousal support and inheritance payments.
The former Liberal government long maintained that polygamy is criminal in Canada but documents obtained by Sun Media under Access to Information show that polygamous marriages have been recognized 'for limited purposes' to enforce the financial obligations of husbands.
Religious organizations say same-sex marriage opened the door to decriminalizing polygamy, and worry that formal recognitions of plural marriages will weaken the government's ability to defend the anti-polygamy law if it faces a constitutional challenge on religious grounds. A polygamist from Bountiful, British Columbia has warned he will fight for his constitutional right to have plural wives on religious grounds."
Probably the same "polygamist" arrested today. Canada is not the USA of course, and their judicial system is vastly different. This is blatant hypocrisy. It is of course, not about religion. Well, maybe, but only particular religions, the ones that don't issue fatwas.
Also reporting on the story Fox News, CNN, MSNBC, The Salt Lake Tribune, The Deseret News, ABC News and Google News/The Canadian press.
