Canadian Judge Sentences Polygamists to House Arrest, Not Jail
Date: Jul 03, 2018
Word Count: 700 words
Cross-Reference: Bountiful, Canada, Blackmore
After pushing Canada backwards by finding two men "guilty of polygamy" in 2017, the same Judge decided to not sentence them to jail in 2018.
On June 26, 2018, in Canada, one lone Judge finally handed down the sentences for two men who had been "found guilty of polygamy" without conviction of any other crimes. But the men were not sent to jail.
British Columbia Supreme Court Justice Sheri Ann Donegan had found two Mormon polygamists "guilty of polygamy" almost a year ago, on July 24, 2017. In making such a finding of "guilt," she likely perceived that her "hands were tied." Previously, on November 23, 2011, another lone B.C. Supreme Court Justice, Robert Bauman, had only listened - with confirmation bias - to hostile anti-polygamists to then decide that polygamy "may be" allowably criminalized under the Canadian Charter of Rights and Freedoms.
Winston Blackmore, 61, was married to 25 women. James Oler, 54, was married to five women. No other crimes were involved beyond the newly-determined "constitutional" criminality of polygamy in Canada.
In the United States, in a Special Report on August 7, 2017, "Finding Polygamists 'Guilty of Polygamy' Pushes Canada Backwards," National Polygamy Advocate ™ Mark Henkel publicly clarified the issues and concerns of the overall pro-polygamy movement for the judge, media, and public.
"The 'guilty of polygamy' finding is so generalized and so broad-based that it even criminalizes non-cult, non-religious, unrelated consenting adults making a free choice of polygamy that could actually work for them in a modern western society.
"Not Representative of UCAP Polygamy.
"Here in the United States, the National Polygamy Rights Movement for Unrelated Consenting Adults has always had to proverbially hold a 'slightly held-back arm of hesitation' when it comes to the Bountiful Mormon polygamy cases. This is because UCAP, Unrelated Consenting Adult Polygamy, has always opposed and rejected the FLDS as a cult with other real criminal situations to prosecute.
"At the same time, as many families at Bountiful have broken away from the FLDS, that correctly good action must be acknowledged as a positive. Most importantly, the Blackmore and Oler cases only involved [legally recognized] adults and no other real crimes, which is a true positive indeed.
"But acknowledgement of positive moves does not equate with embracing the structures and methods by which - and how - they apply polygamy or cultishly organize their isolated group.
"The 'should-be legality' of UCAP, Unrelated Consenting Adult Polygamy, cannot be defined in any context of the mind-surrendering methods of the isolated Mormon-based Bountiful group. One cannot legitimately super-impose what that one group 'does' with polygamy upon other consenting adult polygamists any more than one can validly super-impose it upon the larger secular society. No, mainstream society would never 'do' de-criminalized Unrelated Consenting Adult Polygamy in the same way as the Bountiful group 'does' polygamy. Hence, Blackmore's and Oler's cases are neither accurate nor appropriate cases to represent the defense of 'typical UCAP polygamy.' Likewise, their cases are neither accurate nor appropriate to represent being 'found guilty of polygamy' in all forms either. Moreover, the 'religious liberty' defense in a cult-control context ('cult polygamy') cannot equate with an otherwise rational use as defense for everyday Unrelated Consenting Adult Polygamy."
After finding the two men "guilty of polygamy," the burden of sentencing remained. A single charge of the "constitutionally allowed" criminalization of polygamy in Canada carries a sentence up to five years in jail.
Knowing that the Judge was legally obligated to at least do something, the National Polygamy Rights Movement for Unrelated Consenting Adults was relieved when the Judge announced the final sentencing.
On June 26, 2018, Reuters reported, "Winston Blackmore and James Oler were sentenced to six and three months of house arrest, respectively. ...Their sentences will be followed by 12 months probation, with 150 hours of community service for Blackmore and 75 hours for Oler."
For two cases that took over a decade to conclude - even interrupted for a few years in order to obtain a biased "constitutional reference" court-decision to ensure such criminalization is even allowable in Canada - these latest "polygamy cases" ended with little more than a "flexing of government muscle."
Pulling Canada toward forward again, the fact remains. As long as neither Blackmore nor Oler violate their sentences, no modern person, committing no other crimes, has been sentenced to jail for polygamy.
Canada polygamy sect leaders sentenced to house arrest
Finding Polygamists 'Guilty of Polygamy' Pushes Canada Backwards
Scholar's Anti-Polygamy Report for Court is Discredited
2 Professors' Opinions NOT Based on Evidence
Another Anti-Polygamist Scholar is Discredited
FLDS was Always Opposed by National Polygamy Movement - Quotes
Warren Jeffs was Always Opposed by National Polygamy Movement
National Polygamy Advocate ™
[Reviewed for publication - Pro-Polygamy.com Review Board.]