James Marion Oler, who is associated with the polygamist community of Bountiful in southeastern B.C., is charged with the alleged removal of a child from Canada. Townsman file photo

Judge admits contested documents into B.C. child bride trial

Crown prosecutors sought the admission of fundamentalist Mormon records into child removal case

A judge ruled that contested documentary evidence is admissible in the trial of a man connected with a B.C. polygamist community who is charged with removing a child from Canada to marry an American religious fundamentalist.

In Cranbrook Supreme Court, Justice Martha Devlin sided with the Crown’s application to admit two types of records seized at a fundamentalist Mormon compound in Texas a decade ago into the trial of James Marion Oler.

Oler, who is associated with Bountiful, is charged with allegedly removing a child from Canada under a Criminal Code subsection that the removal would facilitate sex crimes.

“I preface my remarks by reminding everyone that I’m only dealing with the admissibility of the documents at this point,” Devlin said, “and not with respect to their ultimate reliability and weight that should be attached or attributed to them at the conclusion of the trial.”

The documents consist of marriage and priesthood records kept by the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), which listed marriages between church members while other records feature teachings, instructions, and sermons by Warren Jeffs, the FLDS leader and prophet.

READ: Crown argues evidence admissibility in child bride case

It was gathered by U.S. law enforcement when a search warrant was executed at the Yearning for Zion ranch in 2008. Records were kept in secure vaults inside a religious temple and an adjacent temple annex building, according to testimony by Nick Hanna, a Texas Ranger who helped catalogue the evidence.

The priesthood records include audio dictations by Jeffs, who used a handheld voice recorder to record his teachings as well as his activities and instructions to other FLDS members, according to testimony from earlier witnesses associated with the fundamentalist Mormon church.

One priesthood record describes the phone call that Jeffs made to Oler on June 23, 2004, ordering him to bring the child to the United States to be married. Another record contains a list of 18 FLDS weddings, one of which was the child’s marriage to an American man.

Crown lawyer Micah Rankin and Joe Doyle, who was appointed as a friend of the court to ensure a fair trial, earlier sparred over the legitimacy of the records. Rankin argued the records were made in the usual and ordinary course of business as directed by religious doctrine, while Doyle questioned the validity of some of the documentation.

The trial will continue with further witness testimony over the next two days, with closing arguments expected next week.

This is the second criminal proceeding of the same child removal charge for Oler.

He was acquitted following the first trial in 2017, however, Crown successfully overturned that ruling in the B.C. Court of Appeal, which awarded a new trial last year.



trevor.crawley@cranbrooktownsman.com

Like us on Facebook and follow us on Twitter

Just Posted

‘Lightning’ hits Sproat Lake for annual regatta

Alberni Valley Regatta Association hosted sixth annual races

Port Alberni track and field athletes excel at BC championships

Pair brings home titles in javelin, hammer throw

City of Port Alberni to discuss train station in committee of the whole meeting

City has received two “high quality” expressions of interest in redeveloping the train station

New gazebo for Alberni’s Heritage Place

SONJA DRINKWATER SPECIAL TO THE NEWS Residents of Heritage Place Assisted Living… Continue reading

Port Alberni’s SPCA asks for help after three animals undergo surgery

The Alberni-Clayoquot branch of the SPCA is making a public appeal for… Continue reading

‘Bad choices make good stories’: Margaret Trudeau brings her show to Just for Laughs

Trudeau says over the decades she has been suicidal, manic, depressed

Canadian is detained in China on drug allegations: Chinese government

Detention of a Canadian in China comes as part a diplomatic dispute triggered by arrest of Huawei exec Meng Wanzhou

Rare white ravens spotted again in mid-Island

Nature photographer Mike Yip said mysterious birds back in Coombs area

CO’s call off efforts to trap bear who attacked North Island man

Woss man recuperating after incident on remote logging road

Too much time on social media can hurt teens’ mental health: study

Researchers conducted a four-year survey of more than 3,800 adolescents between Grades 7 and 11

Advocates want charges in horse deaths during Calgary Stampede chuckwagon races

Chuckwagon races are a nightly spectacle during the Stampede, a 10-day annual celebration of western life

ICBC insurance renewals get more complicated this year

Crash history, driver risk prompt more reporting requirements

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

B.C. couple bring son home from Nigeria after long adoption delay

Kim and Clark Moran of Abbotsford spent almost a year waiting to finalize adoption of Ayo, 3

Most Read