Anti-polygamy law case reserved until Dec. 4

Dear Network:

I should think that … polygamists…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.  … Canada has women’s rights enshrined into law better than any other country.  AND POLYGAMY TRAMPLES ON WOMEN’S RIGHTS AND HARMS ITS CHILDREN!!

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.



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

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.



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