B.C. Supreme Court’s polygamy ruling expected tomorrowFor Immediate Release from the CHRISTIAN LEGAL FELLOWSHIP
November 22, 2011 DECISION IN POLYGAMY REFERENCE EXPECTED TOMORROW CLF Hopeful Decision Will Uphold Laws Protecting Women From Harm VANCOUVER, B.C. – Tomorrow, November 23, Chief Justice Bauman of the Supreme Court of British Columbia, will render his decision in the Constitutional Reference on Polygamy. The Reference, brought by the Attorney General of British Columbia, asks the Court to determine if Parliament may prohibit polygamy and at the same time uphold the Charter of Rights and Freedoms’guarantee of religious freedom. The hearing began on November 22 of last year and concluded mid-April, 2011 after extensive arguments by the Attorneys General of British Columbia and Canada, the Amicus, eleven intervenors and testimony from experts and individuals possessing first-hand information about polygamy. The Christian Legal Fellowship intervened in the case to support the laws against polygamy because “polygamy in all of its forms is harmful or potentially harmful” to men, women, children, and society at large. In making its argument that the Charter of Rights and Freedoms is not violated by the law against polygamy, CLF relied upon, among other things, a Supreme Court of Canada decision that clearly articulates Parliament’s authority to limit marriage to two people. CLF also argued that Parliament acted within its jurisdiction when it legislated against real and foreseeable harm. During the trial, CLF presented evidence demonstrating the harms of polygamy, including the testimony of Dr. Shoshana Grossbard, an economist and expert on polygamy and the evidence of Timothy Dunfield who researched the “Lost Boys” in polygamous communities. “Based upon the strong and convincing evidence demonstrating that polygamy harms women, children, and society and that outlawing it does not compromise religious freedom, we are hopeful the court will protect the primary building block of society – the institution of marriage – and additionally protect the rights and freedoms of children, women and vulnerable Canadians,” said Ruth Ross, CLF Executive Director and General Legal Counsel. The Christian Legal Fellowship is being represented by Gerald Chipeur QC, of Miller Thomson LLP. Mr. Chipeur will be available for comment immediately upon release of the decision and throughout the remainder of the day. To access CLF’s closing arguments and reply, click here and here. To access a number of additional documents associated with the Reference, click here and here. For further information or to arrange an interview, please contact: Stephanie M. Luck, B.A., J.D., Esq. Legal Researcher/Director of Operations CHRISTIAN LEGAL FELLOWSHIP Alliance des chrétiens en droit Phone: (519) 641-8850 Fax: (519) 641-8866
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