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Religion & Law

: Religion Clause

Canadian FLDS Faces Property, Polygamy Prosecution, Issues

By Howard M. Friedman

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While the U.S. media have given a good deal of attention to the FLDS Church members living in the twin towns of Colorado City, AZ and Hildale, UT, there is also a group of FLDS members in the Canadian town of Bountiful, in British Columbia. This week reports surfaced on two rather interesting developments affecting that community.

Yesterday's Toronto Globe & Mail focused on how litigation to reform the FLDS United Effort Plan Trust will impact FLDS property in Bountiful that is also owned by the trust. Bruce Wisan, who was appointed by a Utah court as special fiduciary to administer and reform the UEP trust says that there may need to be a housing board chosen from the Bountiful community to deal separately with privatizing the Canadian properties. Wisan also says that if the Utah court approves privatization,wives names will be added to their husband's on deeds for the properties-- giving attention to which wives live in which houses.

Meanwhile, the leaders of each of the two FLDS factions in Bountiful have been criminally charged with polygamy by a British Columbia prosecutor. One of the defendants, Winston Blackmore, is seeking to have the indictments quashed. Yesterday's Toronto Globe & Mail reports that B.C. Supreme Court Justice Sunni Stromberg-Stein, in a memo to counsel, indicated doubts that she had jurisdiction to order dismissal of a case that has not yet been appealed to the Supreme Court. Therefore she suggested to counsel that they file a new petition, seeking review of former attorney-general Wally Oppal's decision to essentially "shop" for prosecutors until he found one who was willing to file the polygamy charges.

Full post as published by Religion Clause on July 10, 2009 (boomark / email).

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