Wednesday, September 23, 2009

 

Unbelievable stupidity: Wally Oppal didn't have authority to appoint a special prosecutor after earlier counsel refused to prosecute Blackmore, Oler

I have just heard the news about the dismissal of the Blackmore polygamy trial. How is it possible that a former justice of the BC Supreme Court ... a former justice of the BC Court of Appeal ... could make such an egregious legal blunder as this?


Polygamy charges thrown out against B.C. religious leaders


Robert Matas
The Globe and Mail - Sept. 23, 2009

Vancouver — Criminal charges against B.C. religious leaders Winston Blackmore and Jim Oler for polygamy were thrown out of court this morning.

B.C. Supreme Court Judge Sunni Stromberg-Stein decided that former attorney-general Wally Oppal did not have the authority to have lawyer Terry Robertson appointed as a special prosecutor after a previous special prosecutor had refused to prosecute the two men.

Mr. Robertson's appointment was contrary to the law and Mr. Robertson's decision to proceed with the prosecution “was therefore unlawful,” the judge wrote in a 34-page decision released today.

The Blackmore-Oler case was anticipated to test Canada's polygamy laws for the first time under the Canadian Charter of Rights and Freedom.

Mr. Blackmore, the former bishop of the Fundamentalist Church of Jesus Christ of Latter Day Saints, was charged with being in a polygamous relationship with 19 women. Mr. Oler, another religious leader in the community, faced charges of polygamy for marriage to three women.

Mr. Blackmore has said that he believed the Charter provisions guaranteeing freedom of religion provided protection form criminal charges.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I couldn't help but think of Dave Basi, Bobby Virk, and Aneal Basi as I read this. Surely they cannot continue believing that the Campbell government is worthy of their loyalty? I think it's time for Basi, Virk, and Basi to think of the future ,,, and tell us what happened to BC Rail. - BC Mary.

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Comments:
Wally, what a waste of skin. We all knew that that challenge would not fly. But, gordo insisted on Wally getting some camera time and telling all who would listen what their plan was. The MSM ate it up. doing their duty for the king. Doomed from the start. The only reason the drunk wanted him to talk, was to deflect more heat away from the Virk / Basi trials. We are closing in on you gordo.... watch your ass!
 
Hello,I was just wondering,Wasn't that just one of the many distraction's the guy's selling the bait sold to the msm to try and bait us with? Mind you some of the fish were stupid enough to caught!!! LOL
 
It's funny how many times I'm thinking the same thought's you are thinking ,and we write something completely different but on the same Chanel,does that sound funny?(I wrote the first comment).
 
They've fooled themselves to think that they've actually fooled us,but everything they do is just so blatant and shows us how really disconnected this government really is.WOW how disgraceful!
 
It's a well defined strategy - smokescreen to deflect from other things, create straw men.

To be fair to Wally, I suspect he genuinely thought Blackmore and his ilk in Bountiful need to be stopped, I agree. Generation after generation of girls have been sexually abused and turned into breeders for these old men. The young men of the group are damaged as well, they are a threat to the old men, shunned and thrown out of their communities, or pushed out.

Child protection authorities are somewhat powerless to stop anything, they brainwash their children from childhood and diminish the girls opportunities for education because their place is in the home, taking care of hubby and popping out babies as much as they can. Age of consent has been 14 in Canada for a very long time. Not now, it's 16.

Blackmore and the other old men can wrap themselves in the Charter all they want, what they truly are is known to all and they are repellent swine who should stop breeding and putting more of their bad DNA into the gene pool.
 
All of the above posters have nailed it even the msm role in the pre-election plank. Don't tell me that Stone Wally completely bought the load of neo-con ideology private club mentality hook line and sinker, did he? They sure knew they had their guy giving him another riding and copious cash to run in it.

Does anyone know the lawyer who walked away? I thought it was Orr or Orris or something like that, quite good in any case. I guess they wanted to win that one real bad. Anyone remember Wally on the Good & Friends show going on about how they had new legal opinions on how to win...well if the first lawyer walked they must have been obtained from an Ouija board! Number two lawyer, off to look him up...
 
Lawyer Tery Robertson a distinguished service guy, QC

http://www.harpergrey.com/professionals-44.html
 
http://www.theglobeandmail.com/news/national/british-columbia/bcs-prosecutor-shopping-dooms-polygamy-case/article1299319/
 
Correction: the first two lawyers advised against proceeding with the Blackmore Case, and walked away:

L. Daoust
R. Peck

and the 3rd lawyer chosen by Wally Oppal to prosecute the polygamy trial was Terry Robertson.

Mark Hume & Justine Hunter have a good column explaining things in The Globe and Mail for Sept. 24, 2009: BC's 'prosecutor shopping' dooms polygamy case.
.
 
Two issues, first, give the credit for this win by Blackmore to whom its properly due, Pierre Trudeau who brought this ridiculous charter into this country. Look in the charter and see just how many times religion is mentioned. The charter has no provision for victims, or property rights.

My second issue,I have always admired the bravery of our soldiers who are fighting for the rights of the Afghanistan's people.
One of our main purposes for being over there, is to stop suppression of females, due in part because of religions, forced marriage, lack of education, rights, etc.
Aren't we being more than a little hypocritical, were over there supposedly fighting for women's rights while, meanwhile we can't protect them against religious suppression here at home. The Canadian charter of rights and freedom is a sham.
 
First of all,

thanks to everyone who has contributed to the discussion,

which has been especially appreciated while I've been laid low with this dratted cold.

But now I'm going to ask that we get back onto the topic of Basi, Virk, Basi & BC Rail.

Sometimes you may think I have taken the discussion off the topic myself but I assure you, there's always a connection somewhere. Today, it's a fresh look at the powers vested in the Attorney General.

I'm still poking around, trying to find something more about Madam Justice Anne MacKenzie before she takes charge of the case on October 13. Anybody else had any success with that?
.
 
9:16,

I can't even recognize Canada anymore.
 
It's a clear violation of the terms of the Crown Prosecutor Act - Oppal was told before he started that what he was doing was illegal.

These idiots 'never' listen to the professional advice they pay for and only want to hear 'the sun is shining brightly!' and all's well with the world

I'll post the section later -
 
Here's the drill. Special Prosecutors are appointed under the terms of the Crown Counsel Act...the details are in Section 7:

I'll post the whole of it here:

Special prosecutors
7 (1) If the ADAG considers it is in the public interest, he or she may appoint a lawyer, who is not employed in the Ministry of Attorney General, as a special prosecutor.

(2) A special prosecutor must carry out his or her mandate, as set out in writing by the ADAG, and in particular must

(a) examine all relevant information and documents and report to the ADAG with respect to the approval and conduct of any specific prosecution, and

(b) carry out any other responsibilities respecting the initiation and conduct of a specific prosecution.

(3) If the ADAG appoints a special prosecutor, the ADAG must advise the Deputy Attorney General

(a) that a special prosecutor has been appointed, and

(b) the name of the special prosecutor.

(4) If, after a special prosecutor receives the mandate under subsection (2), the Attorney General, Deputy Attorney General or ADAG gives a direction to a special prosecutor in respect of any matter within the mandate of the special prosecutor, that direction must be given in writing and be published in the Gazette.

(5) Subject to the mandate given to the special prosecutor by the ADAG or to a directive referred to in subsection (4), the decision of a special prosecutor with respect to any matter within his or her mandate is final, but a decision not to approve a prosecution may be appealed by a law enforcement officer under the process established by section 4 (4).


Please pay particular attention to sec 5 - Too bad Wally didn't!
 
There are a few issues at play here.

First off the practice of polygamy is a sick disgusting practice that should be stopped.

The Campbell administration never ever planned for this to go to trial,this was an election issue, the whole attempted prosecution was a ploy to garner votes, by Wally Oppal blatantly breaking legal protocol he knew it would be tossed out......

The election is over,Blackmore and his followers will continue to abuse children but you can bet your bottom dollar that this ploy will be repeated 6 months before the next election.....

Campbell`s has priorities, why do you think the gag law is being persued AGAIN.

Gordon Campbell has no morals and I wouldn`t be surprised if Campbell was a distant supporter of polygamy.

Cheers
 
As to Henri Paul's drive by swipe at Pierre Trudeau:

As I recall what Pierre said (and I agree) the state has no business in the bedroom of the citizenry. The Blackmore situation has nothing to do with sex, or that isn't the main issue. It is about EXPLOITATION of young girls, the young men of the community and of the rest of the taxpayers of the province for welfare and education expenses for the absurd multi-wife families of the Blackmores et. al.

If the jack Mormon sects like the feuding Blackmores, Arizona branch etc. weren't as stone stupid as they are they would use ultra-sound to determine the sex of the fetuses in advance and do the opposite of the Chinese and select for the female fetuses - as the males are almost surplus (and a threat to the dirty old patriarchs) other than the few needed to put up the hay.

The Chinese wanted to select for male offspring during the one child regime to support the parent in their old age. The weirdo Mormons in Bountiful and elsewhere need females so the big shots can have 20+ wives. I guess when you get right down to it the female offspring could even put up the hay and build the barns and each patriarch would need only one male to inherit his wives and children.
 
"Gordon Campbell has no morals and I wouldn`t be surprised if Campbell was a distant supporter of polygamy.

I wouldn't call our Gordo a "distant supporter of polygamy" - I would call him a polymist in fact!
 
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