After lengthy British Columbia Supreme Court hearings into the constitutionality of the Canada's criminal prohibition of polygamy, Chief Justice Robert Bauman has upheld Section 193 of the Criminal Code of Canada, ruling that multiple marriages are illegal.
In his 300-page ruling, he found the potential harm to women and children involved in multiple marriages to one man outweighs an infringement on religious freedom.
Much of this issue revolves around Bountiful, a polygamous community in southwestern B.C. near the Canada/United States border. The isolated community belongs to the Fundamentalist Church of Jesus Christ of the Latter-day Saints (FLDS Church).
In 2009, charges were dismissed against two of the community's leaders, who had been charged for having multiple wives.
The response from anti-polygamy group, Bountiful Roundtable, has been swift and the membership is delighted with the decision.
The members of the Bountiful Roundtable, an ad hoc committee consisting of representatives from concerned women's groups and individuals, are extremely gratified to learn of the decision of Mr. Justice Bauman regarding the polygamy law, said co-chairs Maureen Johnston and Gwen Smith.
"The Bountiful Roundtable has, since its inception in 2005, contended that the harmful effects of the practice of polygamy result in sexual abuse of women and girls, lack of adequate education for members of the polygamous community of Bountiful and in cross-border trafficking of girls, many of them under the age of 18, to satisfy the precepts of their religious beliefs that the men of the community must have many wives to enter heaven."
Lac des Roches resident Helga Zeiner, who recently released her book, Section 132, after five years of researching the polygamous sect of Bountiful and its United States counterparts, said she is delighted with the decision.
"It confirms clearly that the welfare of our women and children must be held above any religious beliefs."
When the Bountiful Roundtable became aware of Zeiner's book, she was invited to meetings and has become associated with the group.
"They have commended me on my extensive research and hope the "entertainment value" of my book will help further the awareness of the injustice many of the weaker members of the FLDS Church have to suffer in our country."
Meanwhile, Attorney General Shirley Bond released a statement on Nov. 23, thanking the witnesses who provided firsthand evidence regarding their personal experiences with polygamy and had the courage to speak about them. She also thanked the experts who testified during the case.
"I welcome the court's decision to uphold the Criminal Code provisions regarding polygamy. The province presented evidence during the case regarding some very serious social harm to British Columbians and Canadians.
"As Chief Justice Robert Bauman recognized, this case is about two competing visions - one of personal harm versus state intrusion. As he clearly found, there is profound harm associated with polygamy, particularly for women and children."
Bond said the Attorney General ministry would now study the complex ruling before deciding what to do next.