It's politics, stupid. Not polygamy

By GERRY WARNER
Cranbrook Daily Townsman
Jan. 9, 2009
Quick now! What's God's punishment for polygamy? . . . Having more than one wife. Ladies, it's a joke. Just a joke. Please don't go berserk on me. A little bit of levity before a serious column can't hurt.
A mood of anger mixed with relief was positively palpable Wednesday as the story broke about the "Bishops of Bountiful" - Winston Blackmore and James Oler - being charged with polygamy. Not sexual assault, not sex with a minor, child abuse or some similar charge. But POLYGAMY! The whole enchilada. The very charge that the Crown prosecutor's office in B.C. has been afraid to lay for more than 20 years.
You know what this means, of course. We have barely seen the beginning. This charge, which will automatically bring a challenge under the Canadian Charter of Rights and Freedoms, will be years in the courts' system and most likely wind its way all the way to the Supreme Court of Canada. That's going to be a torturous journey and there's bound to be some unexpected bumps and mishaps along the way.There were some good reasons why the Crown hesitated so long before laying a charge and they go beyond the Charter, which alone could kibosh the case.
Who's going to testify against Blackmore? Police have tried for more than 20 years to get one of his many "celestial" wives to swear a complaint and so far they're batting zero. Has one of the Bountiful women finally come forward? If that's the case, there might be something to this unique legal action. Having covered the courts for many years, I would never underestimate the power of a woman sobbing on the stand. But if no woman has come forward, the Crown might be whistling Dixie.
Will the Crown's case be a typically dry, numbingly boring legal argument that would put any sane person to sleep in 10 minutes? Believe me, I know of what I speak. I covered the court system for more than 20 years, and while I experienced moments of unbelievable drama, tragedy and poignancy the great bulk of what you hear in court could put an insomniac to sleep. It's not Perry Mason.
I'm no lawyer (thank God) but I've been around the courts for a while and I've delved into Martin's Criminal Code on more than one occasion and I can't help but notice the section that Attorney General Wally Oppal quoted in his press conference Wednesday. Oppal said the arrests of Blackmore and Oler were based on "an intensive, seven-month charge assessment review" by special prosecutor Terrence Robertson into allegations the accused "breached section 293 of the Criminal Code by entering into a conjugal relationship with more than one individual at a time." Gee, I wonder if that's ever happened in this country before?. Can you imagine how easily Blackmore's lawyer will shred that weak link in the Criminal Code? Also consider what senior counsel Richard Peck had to say when he was appointed special prosecutor to examine the likelihood of a polygamy conviction. "The legality of polygamy in Canada has for too long been characterized by uncertainty." Pursuing charges related to sex with underage girls would not likely result in convictions based on the "available evidence."
So is there some new "evidence" that Oppal's special prosecutor has this time around that wasn't available to the three previous special prosecutors that examined the issue in B.C.? If there is, Oppal's keeping awfully quiet about it or perhaps no reporter has asked the right question.
And as much as polygamy is regarded with repugnance by most Canadians, polygamy is a fact of life in many parts of Asia and Africa and residents of both of those continents regularly immigrate to Canada and the U.S. and continue their polygamous ways here with numerous "wives" and children. Are they going to prosecute them too?The next time you're in front of your computer, punch polygamy into Google and see what comes up. The web is rife with pro-polygamy sites including ones such as 2Wives.com or sisterwives.com. And what's been one of the most popular sit-coms on TV in recent years? You guessed it, "Big Love,"
the HBO series that's garnered much critical acclaim.
So what's really going on here? Have Wally Oppal and the B.C. government had a "Saul on the Road to Damascus" conversion and launched a noble crusade to rid the province and the world of polygamy? Or might May 12 have something to do with it? May 12? What's that you say. Surely you know the date of the next provincial election in B.C. and wouldn't it look good on Gordon Campbell's government to be finally seen to be doing something about Bountiful."
Just wondering.
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