Winston Blackmore continues to want media spotlight

Dear Network:

I have no comment on the following story except to say that this is one of several articles recently where Winston Blackmore is poor-mouthing for money to pay his legal bills.  My comments from now on until the trial in the fall will be only in conference rooms where I, and members of my team, can be recorded; or in the court room.  But, I’ll send out the odd article on the case.  Thank you to the Globe and Mail staff who have been following the story of the polygamists for years.

British Columbia

Home British Columbia

Blackmore applies to intervene in polygamy case

Polygamist leader Winston Blackmore among 14 who applied by deadline to intervene in constitutional reference to the B.C. Supreme Court

Globe staffGlobe and Mail update
Last updated on Friday, Jan. 29, 2010 01:03AM EST

Winston Blackmore the religious leader of the polygamous community of Bountiful located near Creston, B.C. speaks with some of his children Monday, April 21, 2008 near Creston, B.C.

Polygamist leader Winston Blackmore says he would like to introduce extensive evidence of persecution and discrimination against Mormons when the B.C. Supreme Court considers the constitutional reference on polygamy.

In an application to intervene on a case that has attracted international attention, Mr. Blackmore says he would also want “full right” to challenge evidence and cross-examine witnesses that portray him and his congregation in a negative light.

His participation would be conditional on finding the money to pay for his legal fees, he says, adding that he intends to ask the court to order the B.C. government to pay his legal bills.

Mr. Blackmore is among 14 who applied by Thursday’s deadline to intervene in the constitutional reference to the B.C. Supreme Court. A hearing to schedule a date to review the applications is expected to be held in mid-February.

The list of those who hope to intervene includes well-known advocates for the right of woman and children, anti-polygamists and activists who have been outspoken in defence of freedom of expression and freedom of religion. Mr. Blackmore and James Oler, leaders of a religious polygamist group in southeastern B.C., also applied to intervene.

Paul Fromm, who lost his job as a teacher in Ontario after associating with neo-Nazi and white supremacist groups, submitted an application on behalf of the Canadian Association for Free Expression. He says the anti-polygamy law conflicts with the expression of freedom of religious rights by denying the right of a person to participate in “what is essentially either a contractual or religious obligation of mutual aid and support in a conjugal relationship.”

Plural marriage is in no way inconsistent with a free and democratic society, provided it is voluntarily and consensually formed, Mr. Fromm says in a submission to the court.

The Ontario-based Christian Legal Fellowship, which includes 500 members from 40 Christian denominations, proposes that the court consider evidence they will bring of the experience of Mary Louise Mackert.

Ms. Mackert was 33 years old when she left the polygamous community in which she was born. Ms. Mackert would explain many of the physical and emotions strains that polygamy may inflict on individuals, families and communities, says Ruth Ross, the fellowship’s executive director.

Others on the list of interveners include James Oler, Catholic Organization for Life and Family, the Knights of Columbus, B.C. and Yukon chapter, The Canadian Coalition for the Rights of the Children, REAL Women of Canada, West Coast LEAF, B.C. Teachers’ Federation, B.C. Civil Liberties Association, Beyond Borders, Nancy Mereska’s Stop Polygamy in Canada and a group called the Canadian Polyamory Advocacy Association.

The provincial government sought a ruling on the constitutionality of the law after charges of polygamy were quashed on procedural grounds against Mr. Blackmore and Mr. Oler. The two men were members of a polygamist colony of the Fundamentalist Church of Jesus Christ of Latter-day Saints.

The B.C. government asked the court to consider two questions:

Is the Criminal Code prohibiting polygamy consistent with the Canadian Charter of Rights and Freedoms that guarantees freedom of religion, and Does the anti-polygamy law require exploitation, abuse of

authority, dependence, gross imbalance of power or undue influence?

http://m.theglobeandmail.com/news/national/british-columbia/blackmore-applies-to-intervene-in-polygamy-case/article1447987/?service=mobile

Odd cast of intervenors lining up for B.C.’s polygamy trial

Vancouver Sun 

By Daphne Bramham

26 Jan 2010 Think Tank

Half a dozen individuals and groups have registered as intervenors wanting to call evidence and question witnesses in the B.C. Supreme Court trial that will determine the constitutionality of Canada’s anti-polygamy law. Among them are a free-speech group that is allied with Holocaust deniers, fundamentalist Mormons who have polygamy as a tenet of their faith, and women’s activists.

Winston Blackmore and James Oler have both sought intervenor status. They were the two men charged with a single count each of practising polygamy more than a year ago. They subsequently had their charges quashed.

Blackmore is the leader of one faction of fundamentalist Mormons living in the community of Bountiful in southeastern British Columbia. He has registered his group as the Fundamentalist Church of Jesus Christ of Latter-day Saints Inc.

Oler is the Canadian bishop of the Fundamentalist Church of Jesus Christ of Latter-day Saints, which is led by prophet Warren Jeffs. Jeffs has been convicted in Utah as an accomplice to rape and is in jail in Arizona awaiting trial on similar charges there. He has also been charged federally for evading prosecution and for other sex-related crimes in Texas.

In addition to Oler and Blackmore, the Canadian Association for Free Expression has registered. It is represented by lawyer Doug Christie. On its website, CASE describes Holocaust denier David Irving as a “a revisionist historian” who has been “banned by the thought police in Canada” and calls on the German government to release Ernst Zundel from prison. Zundel is another Holocaust denier, who was deported from Canada.

The B.C. Teachers’ Federation, which has long lobbied the government to enforce the anti-polygamy section of the Criminal Code in Bountiful has applied for status as has Nancy Mereska, who is the coordinator of the group Stop Polygamy in Canada. WestCoast Legal Education and Action Fund for women has also signed up.

A date for the trial has not been set.

http://www.windsorstar.com/life/polygamy+trial+draws+list+interveners/2491191/story.html

Note from Nancy Mereska:  I am not happy at all that much of the media is focusing on my “abusive Mormon marriage.”  I am not planning to do a personal tell-all in the court room.  The focus of my presentation is on polygamy, its terrible effect on women and children, and the national laws and international covenants in place to protect women and children from its harm.  My own experience is minimal in comparison.  Go to the “about” section of this blog to read my story.  It has been out on the internet since July 2002.  I started Stop Polygamy in Canada in October 2003.  

Note and Brief from Marci Hamilton on Clergy Crimes

Dear All:

This follows on the heels of the news release that was posted yesterday and sent out on the network “First Amendment Does Not Protect Criminal Activities”  You can see the news release at www.stoppolygamyincanada.wordpress.com

I have done a very quick run through of my lists and selected you to receive this brief.  It is well worth the read if you are planning on participating in the polygamy reference hearings in B.C.; or, if you are planning on submitting a brief.  For guide lines, please write to the Honourable Michael de Jong, Attorney General of B.C., mike.dejong.mla@leg.bc.ca

I have not garnered any law faculties from Canada on my network over the years.  If you wish to forward this note and attachment to legal counsel or law faculties or any other organization interested in clergy crimes, please feel free.

Marci Hamilton, a FindLaw columnist, is the Paul R. Verkuil Chair in Public Law at Benjamin N.

Cardozo School of Law and author of Justice Denied: What America Must Do to Protect Its Children

(Cambridge 2008). A review of Justice Denied appeared on this site on June 25, 2008. Her previous

book is God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), now

available in paperback.

The campaign to Stop Polygamy in Canada is mentioned in Marci’s God vs. The Gavel: Religion and the Rule of Law.  Thank you, Marci, for your great contributions to this campaign.

Sincerely,

Nancy Mereska, Coordinator

Stop Polygamy in Canada

From: Hamilton02@aol.com [mailto:Hamilton02@aol.com]
Sent: Tuesday, December 15, 2009 3:43 PM
To: nmereska@MCSnet.ca
Subject: Re: FW: First Amendment Does Not Protect Criminal Activities

Hi Nancy–  I am so glad Andrea sent out this notice.   I actually brought the amicus groups together in the Ramani case and wrote the brief.  I am attaching it so you can decide to which of your listservs to send it.  It would be good if those litigating the polygamy issues in Canada read it.

Best regards and happy holidays, Marci

Ramani.AmicusCuriaeBrief.filed

First Amendment Does Not Protect Criminal Activities By Staff At Religious Organizations, Says Americans United

Church-State Watchdog Group Joins Legal Brief In Sex-Abuse Case Before Nevada Supreme Court

December 14, 2009

The First Amendment’s religious liberty provisions do not shield houses of worship from liability when their staff members or volunteers commit crimes, Americans United for Separation of Church and State has told the Nevada Supreme Court.

Americans United and several other organizations filed a friend-of-the-court brief Dec. 11 in Nevada’s top court asserting that point.

The case in question, Ramani v. Segelstein, deals with a woman who says she was sexually assaulted by a cantor at her synagogue after a service. When she reported the assault to the head rabbi, he allegedly ignored the complaint and proceeded to solicit her for sexual favors.

“The principle of religious liberty must not be sullied by making it a shield for criminal activity,” said the Rev. Barry W. Lynn, executive director of Americans United. “The First Amendment was never intended to be interpreted that way.”

To see the rest of the news release, go to:

http://www.au.org/media/press-releases/archives/2009/12/first-amendment-does-not.html

Submitted by Andrea Moore Emmett, author of God’s Brothel

k.Dee Ignatin’s letter to B.C. A/G Mike de Jong

December 13, 2009

Hon. Michael de Jong
Attorney General
Government of British Columbia

Dear Hon. Michael de Jong:

If there is no prohibition against a non-Canadian organization participating, the board of directors of Americans Against Abuses of Polygamy  is interested in the reference proceedings regarding the ruling on the polygamy law in Canada.  As Executive Director, I wish to receive a) a copy of the reference questions; and, b) a letter inviting the AAAP to apply to the Court to be added as a party or intervener in these proceedings.

The cultural practice of polygamy has been identified by the United Nations as a recognized human rights abuse of women, worldwide. Part of the stated mission of the AAAP is to educate the public on the inherent abuses of the cultural practice of polygamy. Empirical medical research around the globe clearly shows that polygamy is both physically and psychologically harmful to women and children. Polygamy, regardless of the religion used to justify its practice, is an abuse of the rights of women to receive equal standing and treatment with males. We can identify no culture on earth where polygamy is practiced that women agree to this demoralizing “lifestyle”, without being raised to believe they must submit to it for reasons of religion.

We are grateful that the government of Canada is finally addressing the question of whether this ancient, oppressive and barbaric practice has any place within an egalitarian democracy.
Sincerely,

–

K. Dee Ignatin
Executive Director
Americans Against Abuses of Polygamy
TripleAP@gmail.com
www.TripleAP.org
www.tripleap.blogspot.com
Abuse is not a religion: http://tripleap.tumblr.com

Trial against the Apostolic United Brethren (second largest Mormon polygamy group) continues

Dear Network:

We have been following this trial for some time.  The FLDS grab all the headlines with their pedophilia and blundering balderdash with spokesman Willie Jessop so glad to talk to the media, and the women of Centennial Park extolling their idea of the “virtues” of polygamy, but the second largest polygamy group, the Apostolic United Brethren, stays under cover; except for John R. Llewellyn who has been writing about them since he left the cult many years ago.  If you have been following along with this trial, here is the latest installment. If not, go to John’s website www.polygamybooks.org THANK YOU, JOHN!  Virginia Hill’s story is tragic as is all women who escape the bonds of polygamy!

From: John R. Llewellyn [mailto:jrllewellyn@apcomp.com]
Sent: Saturday, December 12, 2009 3:27 PM
To: nmereska@mcsnet.ca
Subject: Hill vs. AUB

Nancy, this is the latest update in my blog, www.polygamybooks.org, we are finally, after 20 years,  getting into the pocketbook of Apostolic United Brethren, the second largest polygamist group. We still have a couple of million dollars more to go before justice is finally served.

HILL VS. AUB, JENSON, ET. AL., UPDATE

Dec. 10, 2009, Fourth District Court, Nephi, Utah, Judge Donald J. Eyre presiding

Plaintiff Hill’s first motion asked that the appeal bond monies deposited by the Defendants be released and ascribed to the judgment owed by the Defendants. After both sides expressed their arguments, Judge Eyre granted the motion. The release of funds amounted to several hundred thousand dollars.  The money will be used to pay expenses incurred, especially appellant fees.

The Plaintiff’s second motion addressed the question of augmentation in view of the Supreme Court Ruling.  The judgment or award to Hill must be augmented to reflect the double damages because of the racketeering and the second Assignment of Trust Deed that was overlooked by the District Court.  And then there is the interest and attorneys fees that must be factored in. Judge Eyre said he would issue a ruling within two weeks.

After the proceedings started about 20 AUB men filed into the courtroom led by high priest apostle, Ron Allred.  Shortly after that a uniformed deputy sheriff appeared at the court entrance and stayed until the proceedings were over.  He was obviously summoned as additional security, a sensible precaution.  But the burly AUB men, except for the dour expressions on their faces, behaved like gentleman.

During the proceedings Virginia whispers to me, “I feel sorry for the AUB members who will have to foot the bill for the criminal conduct of their leaders.”

I could tell she was sincere, and I thought, she was more empathetic towards the AUB people than they were towards her.  The defendants, especially Matthews and Putvin had done all they could to sully Virginia’s reputation, and the majority of the AUB people believed their lies.

It is interesting that after all the damaging evidence that was submitted to the courts and after two Supreme Court Appeals, members of AUB still make excuses for their leaders “pattern of criminal activity.”

According to reliable informants Owen Allred wanted to initiate a settlement with Virginia and put the matter to rest before they went to court.  But apparently, J. LaMoine Jenson and his priesthood henchman overruled Owen — according to the informant. Had they done what Owen wanted it would not have cost AUB nearly as much money, not to mention the ignominy and shame it has brought on AUB and its leaders.

The report we get from inside AUB is that the priesthood council, behind closed doors, want to continue to fight and drag things out.  It is easy for them to do because the money spent to drag the inevitable out doesn’t come out of their pockets.  If the AUB people want to save what is left of AUB’s reputation they should rise up and display their disgust and shock, and demand that their leaders do the honorable thing.  AUB is not being lead by God or Jesus Christ, it is being led by the selfish genes of J. LaMoine Jenson and his priesthood lackeys.

There are a few current members who apparenty believe that LaMoine as a leader is greater than Owen.  After knowing them both when I was part of AUB, and watching how they conducted themselves during the investigation and trial, in my opinion, Owen had more integrity in his little finger than LaMoine has in his entire body.

The criminal conduct and intransigence of LaMoine and his priesthood sycophants have manipulated the AUB members into believing it is their duty to serve the priesthood rather than the other way around.  The AUB laity, whose pockets the leaders will eventually empty, can therefore feel lucky that during the trial the Plaintiff’s attorney did not fully convince the judge that the theft was an AUB enterprise.  The defense made it look like it was a Putvin/Matthews enterprise.  However the facts are Owen made Matthews a bishop to oversee the dispersing of the stolen 1.5 million.  Matthews recruited Jeff Norman to launder $500,000.00 back into AUB via J. LaMoine Jenson.  During the laundering episode, which was only one facet of the entire enterprise, the bulk of the money sat in Owen Allred’s closet.  In other words, the two Assignment of Trust Deeds were tools in which to transfer a half million dollars in currency to AUB’s checking account.  The Judge mistakenly ruled that the Assignment of Trust Deeds represented AUB’s actual damages when it should have been 1.5 million.

When the IRS and Sheriff’s Office started investigating Norman and the money laundering, according to Putvin, Matthews and Owen panicked and Owen told Putvin, “Get it (the currency) out of here,” meaning his house.  When Norman was sacrificed (went to prison) and the heat was off, Owen and Matthews wanted the money back.  Putvin told them to “stick it.”  Putvin the stole the money from AUB and took over the used car lot (Diamond Automotive Specialties, Inc.) which was also suppose to be an AUB enterprise, fronted by Jim Sandmire.

AUB has tried several legitimate businesses and they all have failed.  They tried stealing Virginia’s 1.5 million and that didn’t work out either.  The only thing they are good at is merchandising plural wives and a phony promise of a celestial exaltation.

I know there are some good, well-meaning people in AUB.  I hope that someday they will build up enough tenacity to clean up their corrupt priesthood or get out.

Lawyer appointed in polygamy reference case

Photograph by Glenn Baglo, Vancouver Sun.   ”A mother and her children head home from school in Bountiful, B.C.”

Dear Network: 

When you click on the pdf at the bottom of the article, you will be linked to the 18-page ruling.  I invite all groups associated with this campaign to submit a letter to the Honourable Michael de Jong, Attorney General of British Columbia before December 15, letting him know that you are interested in the reference proceedings; and, that you wish to receive,

• A copy of the reference questions; and
• A letter inviting you or your group to apply to the Court to be added as a party or intervener in the manner outlined in the ruling (page 15) 

Hon. Michael de Jong  mike.dejong.mla@leg.bc.ca 

Once again, I remind you that history is being made.  This is our chance to stand up and advocate for the women and children, young men and boys, whose lives have been crushed and/or permanently altered because of the cruel dictates of a religion gone awry.  Religious law cannot trump civil law in Canada.

Bauman agrees to appointment of Vancouver lawyer in polygamy reference case

By Daphne Bramham, Vancouver Sun

December 4, 2009

B.C. Supreme Court Chief 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 from the 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.

Click here to view the PDF.

http://www.vancouversun.com/life/Bauman+agrees+appointment+Vancouver+lawyer+polygamy+reference+case/2304070/story.html

VALERIE JEFFS MACKERT GATEWAY TO FREEDOM

Dear Network:

As many of you know, Lois Herman is our link to the Women’s United Nations Research Network.  It took some computer expertise for her to retrieve the following information from www.vjmgatewaytofreedom.com but she succeeded and sends this message to Valerie’s sisters and all who are caught in the web of domestic violence.  (This is the first I’ve known how vast the WUNRN network is—so when Lois picks an article to send, the news is very widespread!)

From Lois:

I hope you will send this to her sisters, and tell them that this was for me a “labor of love.” I have followed the stories of the FDLS cults for years. WUNRN, every day, transmits to the world, cross sectoral, throughout the UN system, into 3/4 of UN Member States, Governments, Academia, Religions, NGO’s, Associations, Foundations, Media, Civil Society and more. If all my photos and work hold intact till morning, we will “tell the world” tomorrow, with the pictures and text from the website, and draw readers into the full site from the link. This is for Valerie !!

Good Wishes,

Lois A. Herman

Coordinator WUNRN

Women’s UN Report Network

http://www.wunrn.com

http://www.vjmgatewaytofreedom.com:80/

Website includes text on the maintaining of power and control in domestic violence, or within a polygamist cult. Women who leave polygamy may be drawn to unhealthy relationships that can become violent.

VALERIE JEFFS MACKERT GATEWAY TO FREEDOM

A Non-Profit Assisting Victims of Domestic Violence & Polygamy

In Loving Memory of Valerie Jeffs Mackert

Valerie was a beautiful young girl with a smile that could light up any room. She was also Warren Jeffs sister; and sexually abused as a child by three different brothers, including Warren.

When she left the Fundamental Church of Jesus Christ of Latter-day Saints, she was unable to adapt to the outside world.

This struggle to fit in, to belong in either world, eventually cost her life.

Valerie represents how difficult this transitional struggle can be.

VJM Gateway to Freedom  is designed to help.

Clergy Sexual Misconduct

Dear Network:

I received this from WLUML (Women Living Under Muslim Laws) some time ago.  We were at crisis point in late September as Judge Sunni Stromberg-Stein had thrown out the charges of polygamy against Winston Blackmore and James Oler.  Then we were watching the events unfold in Texas as Raymond Jessop was tried and convicted; so, this important study got pushed aside.

In reviewing this study tonight, I have decided to send it out.  We have many clergy members on this network.  We also have many women who either as women or young girls were the victims of men who had religious authoritative powers over them.

From: WLUML [mailto:wluml@wluml.org]
Sent: Wednesday, September 30, 2009 7:43 AM
To: Nancy Mereska
Subject: Fyi: Clergy Sexual Misconduct – Awareness & Prevention – Gender

Baylor University USA

http://www.baylor.edu/clergysexualmisconduct/index.php?id=62273

Virtually all the studies of clergy sexual misconduct have been clinical, focusing on the motives of offenders, the dynamics of the abusive relationship, and the devastating consequences for primary and secondary victims. Understanding these dynamics is vitally important for those professionals faced with intervention and treatment of offenders, survivor and their families, and congregations.

There is virtually no research or information to inform prevention strategies, which is the primary purpose of our study. Clergy sexual misconduct occurs across faith groups and communities and occurs so commonly that we need to understand why and how our communities of faith allow it to continue to happen. As believing and worshiping people, we have responsibility to ensure that our communities of faith are truly sanctuaries-safe places-to all who enter in. Explore this site to find out what we have learned about preventing clergy sexual misconduct.

Resources for your use:
We have prepared several documents to help you learn more about clergy sexual misconduct with adults, prevention strategies, a sample code of ethics for your congregation, and much more.

Dual Relationships when Clergy Counsel Congregants http://www.baylor.edu/clergysexualmisconduct/index.php?id=67408

Case Studies

• Carolyn’s Story
• Kimberly’s Story
• Lori’s Story
• Mandy’s Story

Ongoing studies:
The ongoing clergy sexual misconduct project is entering a new phase where we want to explore more about the contextual factors involved with CSM itself and how survivors have moved forward. If you are a survivor of clergy sexual misconduct, or have a family member who is, and are interested in helping researchers further understand this issue, we invite you to e-mail us and put in subject line “survivor”*. We will keep your contact information confidential, and you may use a pseudonym if you prefer.

In addition, if you are a treatment provider who has worked with a survivor of CSM we want to hear about your experiences in helping survivors heal. We invite you to leave us your contact information also and in the subject line please put “treatment”*.

Our contact e-mail for this project is CSM2@baylor.edu

Clergy Sexual Misconduct

• About the Study
  • Terminology
  • Publications
  • Case Studies
    • Carolyn’s Story
    • Kimberly’s Story
    • Lori’s Story
    • Mandy’s Story
• Resources
  • Documents
    • Executive Summary
    • Dual Relationships when Clergy Counsel Congregants
    • Sample Code of Ethics
    • Strategies for Preventing CSM
    • Bathsheba’s Story
    • Christianity and the Abuse of Power
    • Q&As about the Study

Anti-polygamy law case reserved until Dec. 4

Dear Network:

I should think that Blackmore and Oler’s lawyer, Joe Arvay, would be contented with an amicus who would argue on the broader issue of polygamy—and that the polygamy law is unconstitutional.  After all, their arguments have always been the “persecution syndrome”—“you’re picking on us and our lifestyle and religious beliefs”, blah, blah, blah!  Instead, they want to make the argument re the law’s unconstitutionality and get paid for it by the government.  The beast must be bled!

This campaign, since starting its research in October 2003, has not been shy about revealing the different types of polygamy being practiced in Canada.  My flood of tears when Judge Sunni Stromberg-Stein made her ruling to throw out the polygamy charges against Winston Blackmore and James Oler was largely due to the fact she had just told the world that Canada’s doors are open to polygamists irrespective of the fact that Canada has women’s rights enshrined into law better than any other country.  AND POLYGAMY TRAMPLES ON WOMEN’S RIGHTS AND HARMS ITS CHILDREN!!

SO FOR A CHRISTMAS PRESENT IN EARLY DECEMBER, WE WILL EITHER HAVE A LOVELY PACKAGE ALL TIED UP WITH RIBBONS AND BOWS OR ANOTHER LUMP OF COAL depending on how B.C. Supreme Court Chief Justice Robert Bauman rules.

IMPORTANT:  Updated note from Daphne Bramham

“Just to be clear.  On Dec. 4, Chief Justice Bauman will set out the rules of the game including whether there will be an amicus appointed now.  He will also rule on whether the attorney general’s proposed schedule for groups and individuals filing applications to he intervenors will be adhered to.

The trial itself is still months and months away.

d”

From: Info-Secte [mailto:infosecte@qc.aibn.com]
Sent: Wednesday, November 18, 2009 6:48 AM
To: Info-Secte
Subject: Anti-polygamy law case reserved until Dec. 4

By Daphne Bramham, Vancouver Sun

November 17, 2009

VANCOUVER — Exactly how the B.C. Supreme Court deals with the unprecedented reference case on the constitutionality of Canada’s anti-polygamy law won’t be known until Dec. 4.

It’s the first time in British Columbia — and in Canada — that a constitutional reference question been put before a trial court. Normally, reference cases are made at the appellate court level. The difference between the two courts is that in the B.C. Supreme Court, evidence could be presented and witnesses called.

Chief Justice Robert Bauman, who has chosen to hear the case himself, heard submissions Tuesday on how lawyers for B.C. and Canada would like it to proceed before hearing counter arguments from lawyers for Winston Blackmore and James Oler, two fundamentalist Mormon leaders from Bountiful.

Since both governments believe the anti-polygamy law is valid and not overridden by the constitutional guarantee of religious freedom, their lawyers have asked Bauman to appoint well-known Vancouver lawyer George Macintosh as an amicus to argue that the anti-polygamy law is unconstitutional.

Craig Jones from the B.C. attorney general’s office, said appointing an independent counsel (who would be paid by the government) would ensure that the issue would be broadly examined and would not focus solely on polygamy within the context of fundamentalist Mormonism.

Jones noted that there are others practicing polygamy in Canada — Muslims, Christians, atheists, polyamorists and even gays and lesbians.

He said they could represent themselves as intervenors. If they chose not to intervene, Macintosh would make arguments on their behalf.

But lawyers for Blackmore and Oler argued that they — not an amicus — should be arguing the case and be fully paid by the government for their work.

Unlike someone like Macintosh who has no direct connection to polygamy, Blackmore’s and Oler’s lawyers argued that they would provide the most vigorous challenge because they have real clients with a real and substantial stake in the outcome.

Blackmore’s lawyer Joe Arvay told Bauman that people in Bountiful are also unlikely to trust “an outsider appointed by the government.” An amicus would not likely be invited into the community as both he and Oler’s lawyer Robert Wickett have been.

Further, Arvay said it’s too early to appoint an amicus. He suggested that Bauman wait to see which individuals and groups apply to be intervenors. Then, only if a particular group is not represented should Bauman consider appointing Macintosh.

Dbramham@vancouversun.com

http://www.vancouversun.com/life/Anti+polygamy+case+reserved+until/2233523/story.html