Bountiful case likely to stir up religious freedoms debate

National Post ^ | January 9, 2009 | Charles Lewis

[Loyalist]

The charges brought yesterday against two leaders in the polygamous community of Bountiful, B.C., are likely the first steps in a process that could see Canada's anti-polygamy law struck down as unconstitutional.

Over the past two decades, four attorneys-general in British Columbia have been reluctant to lay a charge because of a fear that their cases would have no chance of surviving a religious freedom defence under the Charter of Rights and Freedoms.

Last April, Wally Oppal, the current Attorney-General of the province, said the criminal justice branch believed any prosecution would fail because of a possible violation of the constitutional guarantee of religious freedom. But he also said the only way to test its constitutionality was to lay a charge and "then let the defence worry about the constitutionality issue."

[Loyalist]

The B.C. Attorney General is going to take a dive on this prosecution.

They'll appeal the acquittal to the B.C. Court of Appeal and the trial court's striking down of the law will stand.

Then they'll appeal (perhaps wih other provincial AGs as intervenors) to the Supreme Court, and our nine learned Solomons will uphold the courts below.

That puts an appearance of a fight, but the taxpayers will be on the hook for the Crown's legal games.

[NurdlyPeon]

And so the slide continues.....

[RnMomof7]

I live on the border so I go to Canada often. I love that country and its people. My heart is breaking for the good people there.

[DoingTheFrenchMistake]

Boy, do you think if the gays invented a religion to go along with their sexual practices like the Mormons the government would cease interfering with their attempt to live out their constitutionally guaranteed rights to pursue life, liberty & happiness?