The current law applied to these three would result jail time for the adults and their children being seized. So yes their situation is an important consideration regarding current polygamy laws. I'd rather my tax dollars and police time was not devoted to harming people I see as not bothering anyone else.
No it would not - They are not Married - Key legal term - In Bountiful they are - Key difference
The ruling will be 'The BC Supreme Court has no jurisdiction to rule on the federal constitutional validity of civil provincial law". (or something like that)
Court to decide if polygamy laws conflict with rights charter | Holy Post | National Post
Rather than drop the matter, the province settled on a court “reference” to determine the law’s validity. In a reference, opposing positions are put forward, usually before an appellate court that examines matters narrowly confined to law. This case was put before a lower court, so that raw evidence can be heard.
And there will be a lot of it. Forty binders of evidence will be stacked inside a downtown Vancouver courtroom on Monday. On one side of the room will sit lawyers for the Attorneys General. On the other will sit Mr. Macintosh, acting as Amicus Curiae, or “friend of the court.” It’s his job to argue that Section 293 is not consistent with Canada’s Charter.
B.C. court to decide whether polygamy is a protected religious practice - The Globe and Mail
A court-appointed
amicus curiae – friend of the court – will argue that the law should be struck down because it breaches various sections of the Charter of Rights and Freedoms, including those providing for freedom of religion.
In addition, about a dozen groups have been granted “interested persons” standing in the case, and will be able to make submissions to the court.
Those parties include groups that support polygamy – such as the Fundamentalist Church of Jesus Christ of Latter Day Saints and the Canadian Polyamory Advocacy Association – and groups that are opposed, such as Stop Polygamy in Canada.
Whatever the ruling is - Off to the SCOC.