Jim Oler (front) walks towards the Cranbrook Law Courts building in February. (Trevor Crawley/Cranbrook Townsman)

UPDATED: Crown appeals B.C. polygamous leader’s acquittal in child bride case

James Oler had been charged with taking his underage daughter to the U.S. to marry her off

B.C. polygamist James Oler should not have been cleared of allegations that he took his daughter to the U.S. to marry her off, the BC Court of Appeal has heard.

Special prosecutor Peter Wilson argued Thursday that the trial judge had erred in ruling there was no evidence that Oler had intended and acted to take his 15-year-old daughter to Nevada while he remained in Canada.

It had been alleged that Oler, along with Brandon James Blackmore and Emily Ruth Gail Blackmore, took their daughters out of the polygamous community of Bountiful in southeastern B.C. to the U.S., and then married them to Fundamentalist Church of Jesus Christ of Latter-Day Saints members in 2004 when both girls were underage.

Oler was acquitted in February 2017, while the Blackmores were found guilty and sentenced to jail time. Emily Blackmore is currently appealing her conviction.

Wilson’s argument centres on a jurisdictional issue: that the trial judge had wrongly interpreted the child trafficking statute under which Oler was charged as requiring both the child, and accused, to be in Canada at the time of the crime.

“The consequence of the error is significant,” Wilson said. “But for the error, I suggest that Mr. Oler would have been convicted.”

He argued the judge had agreed Oler understood that taking his daughter to the U.S. would mean she would have sex with her new husband.

The judge also acknowledged such a marriage would place the girl in a position of “dependence” on her new spouse, he said.

twitter.com

The subsection of criminal code under which Oler was charged says the accused’s actions to remove a child from Canada must facilitate sexual interference or sexual touching.

“There is no express language in the provision that dictates that the accused must be physically located in Canada while doing the event,” said Wilson.

Further, Wilson said the trial judge did not stay true to how Parliament intended the law to be followed.

He pointed to the broader-than-usual language in the Criminal Code, which prohibits “doing anything” to take a child from the country in order to commit a crime against them.

“I say it’s a strong signal that Parliament intended this offence to create an expansive prohibition against any activity that contributed to the sexual abuse of a Canadian child outside of Canada, irrespective of where the accused was at the time,” said Wilson.

Joe Doyle, a “friend of the court” who acted as a counterbalance to the prosecution but cannot offer legal advice or strategy, argued there was no proof that Oler’s daughter was in Canada when Oler received instruction to take her to Nevada.

Doyle criticized a woman formerly of Bountiful, who cannot be named, who testified as to Oler’s daughter’s time in that community, saying she only gave a “very broad statement that they went to school together for a long time.”

He challenged school records read out in court, saying the last records to show Oler’s daughter living in Bountiful were collected in February, with nothing to show that she was there in June leading up to the wedding.

“Her whereabouts at the time were entirely circumstantial,” said Doyle. “There’s no record of Oler and [his daughter] crossing the border” anytime in June.

Wilson argued the woman had testified that she and others had met up with Oler and his daughter at a “concealed place just below the border” when travelling from Bountiful to the U.S.

“There’s no evidence that Oler was anywhere other than Canada. There’s no evidence that [Oler’s daughter] was anywhere other than Canada,” said Wilson.

The panel of judges reserved judgement.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Mold shuts down construction at QC supportive housing project

Construction of the new 19-unit modular housing complex in Queen Charlotte has… Continue reading

Conservation office launches new gaurdian role for Haida Gwaii

Possition developed in part to improve partnerships with Haida Nation

Kitimat resident is Conservative choice for fall election

Claire Rattée is a former Kitimat councillor

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

All Native Basketball Tournament: Intermediate Finals

All Native Basketball Tournament: Intermediate Finals

‘Riya was a dreamer’: Mother of slain 11-year-old Ontario girl heartbroken

Her father, Roopesh Rajkumar, 41, was arrested some 130 kilometres away

Do you live with your partner? More and more Canadians don’t

Statistics Canada shows fewer couples live together than did a decade ago

B.C. child killer denied mandatory outings from psychiatric hospital

The B.C. Review Board decision kept things status quo for Allan Schoenborn

Searchers return to avalanche-prone peak in Vancouver to look for snowshoer

North Shore Rescue, Canadian Avalanche Rescue Dog teams and personnel will be on Mt. Seymour

Market volatility, mortgages loom over upcoming earnings of Canada’s big banks

Central bank interest hikes have padded the banks’ net interest margins

Hearings into SNC-Lavalin affair start today, but not with Wilson-Raybould

She has repeatedly cited solicitor-client privilege to refuse all comment

VIDEO: 8 things you need to know about the 2019 B.C. budget

Surplus of $247 million with spending on children, affordability and infrastructure

B.C. pot giant Tilray to acquire hemp food company Manitoba Harvest for up to $419 million

Tilray will pay $150 million in cash and $127.5 million in stock.

Tears, flowers at impromptu memorial for Syrian children killed in Halifax fire

The family had only lived in the Quartz Drive home for a few months

Most Read