The B.C. government is still considering whether to take last month’s B.C. Supreme Court ruling upholding Canada’s ban on polygamy to a higher court to give it more legal heft.
Government lawyers are reviewing the judgment by Chief Justice Robert Bauman to determine the government’s legal options, Attorney-General Shirley Bond said Friday.
Bauman ruled that the criminalization of polygamy is constitutional even though it infringes on some sections of the Charter of Rights and Freedoms.
Vancouver lawyer George Macintosh, who was appointed by Victoria as amicus curiae to argue in court that Canada’s prohibition of polygamy is unconstitutional, has decided not to appeal.
The 30-day appeal period ended Friday. But the deadline does not apply to any move by the province to refer the judgment to a higher court, said Bond.
The attorney-general said that “unlike an appeal there is no deadline imposed in the rules for seeking this further review.
“Our legal counsel are continuing to review Chief Justice Bauman’s comprehensive decision to determine how we will proceed from here.”
A higher ruling by the B.C. Court of Appeal would give the Supreme Court decision more legal heft.
A ruling by the Supreme Court of Canada would uphold the polygamy ban across Canada.
The case stems from B.C.'s long-running attempt to prosecute leaders of polygamous communities in the south-eastern B.C. community of Bountiful.
Bauman’s decision was the result of a reference case launched by the province in 2009 after polygamy charges against Bountiful leaders Winston Blackmore and James Oler were stayed.
While the judge said that the current law is constitutional, he raised concerns about the prosecution of anyone who is between the ages of 12 and 18, for being in a polygamous relationship.