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  2 Leaders Charged with Polygamy
Winston Blackmore and James Oler Released on Four Bail Conditions

By Suzanne Fournier
The Province
January 8, 2009

http://www.canada.com/theprovince/news/story.html?id=541018b3-5479-4db0-91d7-d3d8a571825a

The two warring male leaders of the splintered polygamous community of Bountiful have been charged under the criminal code with the practice of polygamy.

Winston Blackmore, 52, the self-styled "bishop of Bountiful," and his bitter rival, James Oler, 44, were each charged with one count that they "practised a form of polygamy . . . or conjugal union." RCMP Sgt. Tim Shields and Attorney-General Wally Oppal teamed up to announce in Vancouver that the two avowed polygamists were arrested "without incident" yesterday at the commune near Creston, handcuffed and taken to the RCMP lockup in Cranbrook.

Both were released late yesterday on four bail conditions, including that they stay in B.C., surrender their passports, report to police regularly and not practise "celestial marriage" or polygamy.

Oppal believes the polygamy charges are the first of their kind to be laid in Canada.

"This issue has been with us for many, many years and it has been a very complex issue," said Oppal.

Oppal noted that the defence of "freedom of religion" has always been raised as a reason for not launching a prosecution against polygamy, but added: "I've always disagreed with that.

"Section 293 of the criminal code of Canada, which prohibits the practise of polygamy, is there to prevent the exploitation of women. As far as we're concerned, that is valid law." Oppal said he believes the polygamy charges will withstand any Charter of Rights challenge, but added: "My view is that if that section is invalid due to a freedom of religion argument we should let a court decide." RCMP officers entered the Bountiful commune in unmarked cars, in what Shields said was a deliberately "sensitive" approach.

No Bountiful children were apprehended, said Shields, unlike the aggressive seizures last April -- and subsequent return -- of some of the 439 children taken by U.S. police from the polygamous Yearning for Zion community in Texas.

Shields said the B.C. Child and Family Development Ministry has focused on "building bridges" with Bountiful.

Oler and Blackmore are slated to appear in court on Jan. 21.

Bountiful, with about 1,200 people, has been the focus of police and child welfare probes for decades, with allegations of rampant child sexual abuse, incest, fraud and trafficking of teenage brides across the Canada-U.S. border.

The Bountiful community split bitterly in 2002 into followers of Blackmore, who claims about 700 adherents, and those of Oler, who has about 500 followers who also are loyal to jailed U.S. polygamist Warren Jeffs, convicted last year of sex-exploitation charges.

Jeffs, who made the FBI's Ten Most Wanted Fugitives list while on the lam for two years, faces more charges of incest and sex with minors.

Blackmore was deposed by Jeffs supporter Oler as Canadian head of Bountiful, but has refused to step down.

The indictment against Blackmore names 20 women, although he is believed to have had at least 26 wives and about 150 biological children. The indictment against Oler names only two women.

Oppal defended the decision to proceed with polygamy charges rather than address the sexual exploitation of women and children alleged by Bountiful critics.

"Historically, it's been extremely difficult to get witnesses to come forward and testify, particularly on sexual exploitation charges," said Oppal, although he praised the efforts of RCMP Sgt. Terry Jacklin in providing a full case on both polygamy and sexual exploitation charges.

Police recommended charges of sex exploitation and polygamy in September 2006, but no charges were laid.

The third special prosecutor appointed by Oppal, Terrence Robertson, got fresh evidence on Nov. 25, 2008, and decided on Dec. 9, 2008, to proceed with the polygamy charges against Oler and Blackmore, said Shields.

Contact: sfournier@theprovince.com.

 
 

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