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

Nelson contributes $5,000 in kind to Rosemont inter-generational park

Natural playground, benches and paved walkways will attract seniors and kids at Art Gibbon Park

Cannabis outlet requests to take over MMJ Canada location

Quadz Cannabis has applied for a licence from the city

Castlegar teens rescue man from river

Will Watt and Shay LaFayette helped save a fisherman from the Kootenay River.

Gas venting from tanker at Castlegar rail yard posed no danger: officials

Argon gas discharged from a CP tanker car on Friday, April 19.

PHOTOS: Nelson kids clean up Easter mess

Coloured eggs were strewn across Lakeside Park

VIDEO: Nelson students paint Parachutes for the Planet

The youth-led initiative lobbies governments for climate change action

B.C. men challenge constitutionality of Canada’s secret no-fly list

Parvkar Singh Dulai says he received a “denial of boarding” notification under the no-fly program last May 17

Murder on B.C. property didn’t need to be disclosed before sale, court rules

Buyer had tried to break contract after learning a man with ties to crime had been murdered there

B.C.’s largest Vaisakhi festival target of threatening Facebook post: Surrey RCMP

Police say they are investigating the posts on Facebook, after local MLA forwarded screenshots

Pug life: B.C. town boasts waggish list of dog names

Freedom-of-information request lists most ‘pupular’ dog names registered in White Rock

VIDEO: Fish farming company launches $30-million vessel to treat salmon for sea lice in B.C. waters

Freshwater treatment an improvement but fish farms should be removed from sea, says conservationist

Singh says childhood abuse steeled him for scrutiny and stress of politics

He recounts the assaults for the first time in his book Love & Courage

Despite five extra weeks’ parental leave in Canada, dads still face stigma: survey

One reason people said dads don’t need leave is because they can just bond with their kids at weekend

Vintage bottles, magic cards, a 1969 Playboy: Quirky items found in historic B.C. buildings

Crews set aside some of the funkier pieces emerging from the construction rubble

Most Read