Canadian group asks prosecutors to drop polygamy case

Published: Wednesday, Feb. 11 2009 12:00 a.m. MST

A Canadian civil rights group is calling on prosecutors to drop criminal charges against a pair of polygamist leaders.

The British Columbia Civil Liberties Association issued a statement Monday saying that using the country's 19th century anti-polygamy laws against Winston Blackmore and Jim Oler is "ill advised."

"The BCCLA, Canada's oldest civil liberties watchdog group, has long been concerned about allegations of child abuse and sexual interference sometimes said to be associated with the practice of polygamy," the group said. "We strongly urge law enforcement bodies to continue to be alert for evidence that such crimes are being committed anywhere in Canada, in any circumstance, and, if such evidence emerges, to lay appropriate charges."

Blackmore, 52, is charged with having as many as 19 wives, and Oler, 44, is accused of taking three wives. Criminal charges were recently amended to consolidate the cases. The two men are due in court on Feb. 18.

Prosecutors have acknowledged that the case will test Canada's polygamy laws, while Blackmore's attorney has said he will use the country's legalization of same-sex marriage as a defense. The BCCLA urged a reference to Canada's Supreme Court to test the anti-polygamy laws, "a charter test we respectfully suggest the archaic and over-vague legislation would fail."

Blackmore has called the charge against him religious persecution, and an FLDS spokesman has accused Canada of carrying out a vindictive hatred toward their faith. Blackmore was a bishop in the Utah-based Fundamentalist LDS Church until he was excommunicated in 2002. The fundamentalists who live in the polygamous colony of Bountiful split — with some following Blackmore and others remaining in the FLDS Church, where Oler is a bishop.

E-MAIL: bwinslow@desnews.com

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