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Attorney General

No further reference in polygamy case

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Honourable Niki Sharma

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British Columbia News

No further reference in polygamy case

https://news.gov.bc.ca/01728

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Statement

Victoria
Monday, March 26, 2012 8:30 AM

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Statement

Victoria

Monday, March 26, 2012 8:30 AM

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Minister of Justice and Attorney General Shirley Bond released the following statement on the B.C. Supreme Court polygamy reference case:

"After reviewing Chief Justice Bauman's comprehensive and compelling decision on the constitutionality of the polygamy section of the Criminal Code, government has decided against a referral to a higher court.

"Legal counsel have advised me they are satisfied his decision will enable police and prosecutors to act with authority in investigating and prosecuting criminally polygamous relationships. While the opinion of a higher court may be more persuasive in case law, the government does not believe a referral decision is necessary.

"The true victims of polygamy are the women and children this trial court decision protects. Ultimately, the Province has weighed these considerations against the impact of further court proceedings on people who have experienced polygamy first-hand and - even though the referral would be based only on the existing record and not further testimony - decided not to go forward.

"The assistant deputy attorney general for the criminal justice branch has now expanded the mandate of special prosecutor Peter Wilson, QC, to include possible polygamy prosecutions. Mr. Wilson will conduct an independent charge assessment review of any information brought forward from the ongoing RCMP investigation and determine if, based on British Columbia's established charge assessment guidelines, the evidence warrants proceeding with polygamy or other charges.

"I want to express my ongoing appreciation to the people who assisted us in making the case to B.C. Supreme Court that women and children deserve protection from the profound harms associated with polygamy."

Contact:

Dave Townsend
Government Communications and Public Engagement
Ministry of Justice
250 387-4962
250 889-5945 (cell)


https://news.gov.bc.ca/01728

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