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Potential Witnesses In Canadian Polygamy Challenge Seek Anonymity

By Howard M. Friedman

In Canada last year, British Columbia's Attorney General asked the province's Supreme Court to rule on whether its anti-polygamy law is consistent with Canada's Charter of Rights and Freedom.  The move came after unsuccessful attempts to prosecute two FLDS Church leaders. (See prior posting.) Now, according to the Winnipeg Free Press, a bishop of the FLDS Church has filed a motion with the Supreme Court seeking protection from prosecution for FLDS members in polygamous relationships that testify in the case. Lawyer Robert Wickett who represents the bishop says that testimony by people who have led meaningful lives in a polygamous community is essential to counter affidavits by former FLDS members detailing the harm that flows from polygamy. But the FLDS members want to use pseudonyms and sit behind screens when they testify, or testify by teleconference, to protect them from identification for future prosecution. The government says this would make it more difficult to cross examine the witnesses.

Full post as published by Religion Clause on September 12, 2010 (boomark / email).