Clarification of the appeal process from Brian Samuels

Clarification of the appeal process from Brian Samuels, lead pro bono attorney for Stop Polygamy in Canada Society

I have spoken with Craig Jones today.  As matters stand:

  1. the Amicus will not be filing an appeal;
  2. the AGBC is waiting to see whether any of the adverse intervenors (e.g. the FLDS, theBCCLA, or Blackmore) will file an appeal today;
  3. if one of them files an appeal, then the matter will proceed to the Court of Appeal;
  4. if none of them files an appeal, the AG BC will consider whether to send the case to the Court of Appeal as a reference. The AG BC is entitled to do so, and by doing so as a reference rather than as an appeal, it would not be bound by the 30 day time limit;
  5. if the AG BC decides not to send the case to the Court of Appeal as a reference, it is still possible for the AG Canada to send a reference directly to the Supreme Court of Canada. There is no time limit.

Your statement that the ruling applies only in BC is incorrect. The Criminal Code applies across Canada.  The criminal prohibition against polygamy remains the law in Canada, and is enforceable across Canada.

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