The attorney general of British Columbia said Thursday he will not appeal a court ruling that quashed prosecutions of two polygamous leaders.
But Michael de Jong said he will ask the province's supreme court to settle the conflict between the criminal code and Canada's Charter of Rights and Freedoms on polygamy, and could submit that "reference" question as soon as today.
Section 293 of the country's criminal code makes polygamy illegal; the charter allows full exercise of religious beliefs.
"We believe polygamy is against the law and should be against the law," de Jong said during a live and telephonic press conference.
The attorney general said he wants the court to settle whether the law criminalizing polygamy is consistent with the charter and, secondly, whether it makes a difference if the polygamous relationship involves consenting adults or minors.
"British Columbians and Canadians deserve and want to know whether valid laws are in place that prohibit polygamous relationships, particularly when those relationships involve minors," de Jong said in a statement. "I am asking the court for its direction so the justice system, in B.C. and in Canada, can address the serious social harms that can result from the practice of polygamy."
The Supreme Court of British Columbia quashed prosecutions of Winston Blackmore and James Oler in September, saying the previous decision of a prosecutor to not pursue charges was binding.
Blackmore, 52, and Oler, 44, are leaders of separate factions in a community known as Bountiful, just outside of Creston, British Columbia. Each faced one count of polygamy.
Oler is a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints, historically based in Hildale, Utah, and Colorado City, Ariz.
Blackmore was the FLDS bishop of Bountiful before he was exiled from the sect in 2002 and replaced by Oler.

