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Religion & Law

: Religion Clause

Canadian FLDS Leader Denied Advance of Legal Fees In B.C. Polygamy Reference

By Howard M. Friedman

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In the Canada last October, British Columbia's Attorney General decided that instead of appealing the dismissal of polygamy charges that were filed against the leaders of two FLDS factions, the province would instead ask the British Columbia Supreme Court for clarification on the law's constitutionality. (See prior posting.) That led Winston Blackmore, one of the two FLDS leaders who had been charged under the law, to ask the court to permit him and his congregation to participate as interested parties in the Reference proceedings. He also sought an order advancing him funds to pay for attorneys' fees for his participation. In In re the Constitutional Question Act, R.S.B.C. 1986, C. 68, (BC Sup. Ct., April 20, 2010), the court granted Blackmore and the FLDS faction he represents "interested person" status so they can participate in the case. However the court refused Blackmore's request for an advance of costs. It found no reason to give him preferential treatment over twelve other interested parties who are also participating in the case. CBC News reported on the decision on Tuesday.

Full post as published by Religion Clause on April 23, 2010 (boomark / email).

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