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

Vaisakhi parade to fill Surrey streets Saturday: Everything you need to know

More than 500,000 people expected for one of the world’s largest Vaisakhi-related events

Surrey’s Vaisakhi Parade: A procession guide, starting with Sikh Riders

Parade to include more than 2,500 participants representing 20-plus community organizations

VAISAKHI EXPLAINED: Founding of the Khalsa was a seminal event in Sikh history

There are five K’s – articles of faith – worn by baptized Sikhs

Vaisakhi voices in Surrey: What does Vaisakhi mean to you?

‘Vaisakhi is fundamentally about community, progress and celebration’

Setting the stage for emerging performers

Variety fundraiser and ongoing open-mics showcase local talent

Parliament Hill 4-20 organizers predict record crowd after legalization

A celebration? Yes, but organizers say concerns remain about the government’s decisions on legalization rollout

Seven tips to travel safely this Easter long weekend

An average of three people are killed, and hundreds more injured, each Easter long weekend in B.C.

Parents say Austrian climber missing in Banff National Park ‘lived his dream’

David Lama, Hansjorg Auer and American climber Jess Roskelley have been missing since Wednesday

Six months after legalization, high prices and supply issues boost illicit pot market

It has been six months since Canada became the first industrialized country to legalize recreational cannabis

Seattle’s 4-20 ‘protestival’ enjoys tolerance, some support – and B.C. could do the same

Seattle’s Hempfest a large-scale occasions with vendors, prominent musical acts and thousands of attendees

B.C. mountain biker sent home from hospital twice, despite broken vertebrae

Released in Maple Ridge to go home with three fractured vertebrae

VIDEO: Giants draw first blood in Western Conference championships

In Game 1 of the best-of-seven series between Vancouver and Spokane, the G-Men emerged triumphant

Deck collapses in Langley during celebration, multiple people injured

Emergency responders rushed to the Langley home

B.C. RCMP receive application for Police Cat Services

RCMP announced the launch of the Police Cat Services unit as an April fools joke

Most Read