Polygamists treated as 'pariahs:' lawyer

The law against polygamy has turned the residents of a British Columbia polygamous community into "pariahs" who are excluded from mainstream society and punished for their religious beliefs, a lawyer for some of the members of the community of Bountiful told a B.C. judge in Vancouver Thursday.

Robert Wickett, who represents one of two factions of self-described "fundamentalist Mormons" living in Bountiful, admitted to the court that dozens of residents live in polygamous relationships, in which men have multiple wives in accordance with a patriarchal structure and rigid code of conduct.

But Wickett said the court will hear from women in Bountiful who are happy with their lives, and he told B.C. Supreme Court Chief Justice Robert Bauman that it is the law, not polygamy, that victimizes them.

"This theme, that the criminalization of polygamy drives its participants to separate themselves from mainstream society, arises throughout the evidence," he said.

'Members of the FLDS know full well that their beliefs and practices are neither understood … nor accepted by the majority of Canadians.' —Lawyer Robert Wickett

"Members of the FLDS [the Fundamentalist Church of Jesus Christ of Latter Day Saints] will testify that they do not want to live as pariahs, separate and apart from society."

Bauman began hearing submissions this week in a reference case on whether the federal law against multiple marriages complies with the Charter of Rights and Freedoms.

Split at Bountiful

Residents of Bountiful practise what Wickett described as a form of "fundamental Mormonism," which includes plural marriage.

Although the mainstream Mormon church renounced polygamy more than a century ago, members of the FLDS believe plural marriage is a tenet of the faith.

The community in Bountiful has split into two factions and Wickett represents the congregation with ties to the U.S.-based FLDS. About 550 people in Bountiful are part of that faction, and about 55 of them are polygamous, said Wickett.

Lawyers for the provincial and federal governments have argued that polygamy has created a long list of problems in Bountiful, including child brides, teenage pregnancy, the trafficking of young girls to meet the demand for wives, the subjugation of women and the expulsion of boys to reduce competition for brides.

Wickett said there is very little evidence before the court of any of that happening in Bountiful. Rather, he said, critics with a long-standing bias are relying on the experiences of polygamous communities in the United States.

"Members of the FLDS know full well that their beliefs and practices are neither understood … nor accepted by the majority of Canadians," said Wickett.

Wickett said if there is abuse within Bountiful — which he suggested is no different than in a monogamous society — the existing law makes it worse because victims would be reluctant to come forward.

Charges dismissed

Several current and former residents of Bountiful are expected to testify, some of whom will be allowed to appear behind screens to protect their identities. They will include witnesses testifying for the FLDS about their positive experiences in the community, and former residents called upon by the provincial and federal governments and expected to say the opposite.

James Oler, the leader of the FLDS-linked faction, and Winston Blackmore, who leads the other congregation, were charged last year with practising polygamy, but the charges were thrown out for technical legal reasons. Oler was accused of having three wives, while Blackmore was alleged to have 19.

The court also heard from a lawyer representing the Canadian Polyamory Advocacy Association, which represents people involved in multiple relationships that aren't connected to a specific religion.

John Ince urged the court to distinguish between the harms alleged to be occurring in Bountiful and polyamorous relationships involving consenting adults who choose to be in relationships with multiple partners.

"There is no evidence in any of the thousands of pages filed [with the court] that polyamory is attracting any social stigma; there have been no prosecutions against polyamorists," said Ince.