VANCOUVER - A court in British Columbia will begin hearings Monday as it tackles a question that has been lingering over a small commune in southeastern British Columbia for nearly two decades: Is polygamy a crime, or is it a sacred religious practice protected by the constitution?
That question, and the lack of a clear answer, has stood in the way of the province's repeated efforts to prosecute the leaders of Bountiful, B.C., an obscure fundamentalist Mormon community near the U.S. border where some residents readily admit to multiple marriages.
But one observer predicts the B.C. case is just the first step in a process that will eventually make its way to the Supreme Court of Canada, where a final decision could affect a range of issues from the definition of marriage to how prospective immigrants with multiple wives should be treated.
"This is much broader than Bountiful - if the law is struck down and polygamy becomes legally recognized, you start to see some pretty broad ramifications, things like pension benefits, immigration," says Vancouver-based constitutional lawyer Ron Skolrood, who isn't connected to the case.
"Think about the world of immigration law and some cultures where polygamy is accepted. If the law is struck down, what does that mean for immigration into Canada?"
While the case may not end with Bountiful, it certainly began there.
Police and Crown counsel in B.C. have been investigating Bountiful since the early 1990s, but shied away from laying charges amid concerns the laws against polygamy wouldn't survive a challenge under the Charter of Rights and Freedoms.
That reluctance changed in January 2009, when police swept into the community and charged Winston Blackmore and James Oler, the leaders of two separate, divided factions within Bountiful, with one count each of practising polygamy. Police alleged Blackmore has 19 wives and more than 100 children, and Oler was accused of having three wives.
When the court threw out those charges because of how the province chose its prosecutors, the government referred the issue to the B.C. Supreme Court, setting the stage for a case that is expected to hear from more than two dozen witnesses and last until the end of January.
The province asked the court whether the polygamy laws are consistent with the charter, and if a polygamous relationship must involve a minor or some form of abuse for criminal charges to be laid. Such reference cases aren't technically binding, but legal experts have said other courts would likely adopt the eventual ruling, particularly if it is heard by the Supreme Court of Canada.
More than a dozen interveners have applied to be involved, including religious groups and women's rights organizations. The trial is expected to hear from between 30 and 40 witnesses including experts, former and current residents of Bountiful, and people who live in so-called polyamorous relationships that aren't part of a specific religion.
Oler and the Fundamentalist Church of Jesus Christ of Latter Day Saints, which is connected to a controversial Mormon sect in Utah, will also be present, but Blackmore is boycotting the hearings after the court rejected his request for government funding and special legal status.
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