James Oler enters the Cranbrook Law Courts in Cranbrook on Friday, May 17. He is charged with the removal of a child from Canada under a subsection that the removal would facilitate sexual activity. File photo.

James Oler enters the Cranbrook Law Courts in Cranbrook on Friday, May 17. He is charged with the removal of a child from Canada under a subsection that the removal would facilitate sexual activity. File photo.

Former polygamist leader sentenced 12 months jail in B.C. child bride case

James Oler was sentenced for his role in facilitating an underage marriage in the U.S. in 2004

A convicted polygamist leader associated with Bountiful has been sentenced to 12 months in jail for his role in removing a child from Canada to marry an American Mormon fundamentalist in 2004.

James Marion Oler did not react as Justice Martha Devlin imposed the sentence in Cranbrook Supreme Court on Thursday morning. Before the ruling, he addressed the court by thanking staff, lawyers and the judge for their kindness and respect while also reciting a poem his daughter had given him.

The sentencing concludes a legal process that began five years ago when he was charged with the removal of a child from Canada under a criminal code subsection that the removal would facilitate sex offences.

READ: Former polygamist leader guilty of removing a child from Canada

He was also charged and eventually convicted of polygamy alongside Bountiful leader Winston Blackmore last year.

In her sentencing, Justice Devlin said she considered factors such as the nature of the crime itself, the abuse of Oler’s position as a trusted authority figure and the impact his role had on others.

“Mr. Oler was in a position of trust with his young daughter,” Deviln said. “He abused that. In her sheltered, cloistered world, he was the only person she could rely on for security and protection. He knew under the FLDS doctrine, she was expected to obey him as both the father and priesthood head. Rather than protecting his own child from sexual contact, Mr. Oler deliberately placed her in a situation where that contact was inevitable and expected.”

Justice Devlin also noted mitigating factors such as a clean criminal record prior to the polygamy conviction and that he acted on sincerely held religious beliefs rather than being motivated by money or sexual gratification.

Oler, a former bishop of a polygamous community south of Creston, was ordered to bring his daughter to the United States by Warren Jeffs, the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), in June 2004.

According to FLDS records seized by law enforcement in 2008 at an FLDS compound in Texas, Jeffs contacted Oler by telephone on June 23, 2004, and told him to bring his daughter to be married.

A trial witness, whose identity is protected by a publication ban, testified she travelled to the United States in a van with her parents at the Porthill crossing south of Creston on June 24, 2004.

Shortly after crossing, the van pulled over to a rest area, where she went into the woods to relieve herself. After returning to the van, another vehicle had pulled in containing Oler and his daughter.

Everyone except for one person piled into the newly arrived van and headed to Mesquite, Nevada.

There, 18 marriage ceremonies were recorded into FLDS documents, including Oler’s daughter into a polygamous marriage, while the trial witness, who was 16 years old at the time, was also married to an FLDS member decades older than her.

Oler himself was also married in a polygamous union during the same day.

Justice Devlin rejected a bid by the Crown asking her to exercise her discretion in considering the removal of the trial witness as a sentencing factor even though Oler was not charged for it. She cited a failure by the Crown to prove that Oler knew the precise age of the witness before her removal from Canada.

Oler was found guilty of the child removal charge earlier this year after he was acquitted in the first trial proceedings alongside two co-accused, however, the Crown successfully challenged the acquittal in the B.C. Court of Appeal, which awarded a new trial.

READ: New trial ordered for James Oler in B.C. child bride case

Oler, 55, had been living in isolation in Alberta working as a mechanic. He was reportedly kicked out of the Bountiful community for participating in legal proceedings that examined the constitutionality of polygamy nearly a decade ago.



trevor.crawley@cranbrooktownsman.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
104 new COVID-19 cases in Interior Health

IH is reporting the new numbers since Friday, Nov. 20

Salmon Arm RCMP nabbed two Calgary suspects in an allegedly stolen vehicle on Highway 1 on Nov. 22, 2020. (File photo)
Salmon Arm RCMP use spike belts on Highway 1 to nab Calgary suspects

Arrests occur after Revelstoke RCMP clock allegedly stolen vehicle going faster than 160 km/h

Greg Rose spent several weeks working alongside Tammy VanSickle to ensure a smooth transition as he took over the business on Monday, Nov. 16. (Submitted)
The show goes on: Roxy theatre changes hands

It will remain a theatre says new manager Greg Rose

RCMP Cpl. Cory Lepine pictured at BC Livestock Producers Co. in Kamloops, Nov. 16. (Phil McLachlan - Black Press Media)
Meet B.C.’s only cowboy cop; a voice for the livestock industry

Cpl. Cory Lepine serves as a bridge between the law and those who make a living off the land

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers at the project site in Kitimat. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
Forty-one positive COVID-19 cases associated with the LNG Canada site outbreak in Kitimat

Thirty-four of the 41 cases remain active, according to Northern Health

A concept rendering of the proposed Costco at the corner of Baron, Leckie and Springfield roads. (WSP Global)
Contentious Kelowna Costco relocation moved to public hearing

Costco looking to move less than a kilometre away to build a larger store with more parking, gas bar

7-year-old Mackenzie Hodge from Penticton sent a hand-written letter to premiere John Horgan asking if she’d be able to see her elf, Ralph under the new coronavirus restrictions. (John Horgan / Twitter)
Elf on the shelf an acceptable house guest B.C. premier tells Okanagan girl

A 7-year-old from Penticton penned a letter asking if she’d be allowed to see her elf this year

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

RCMP pictured at a motor vehicle incident during snowy conditions. (Phil McLachlan - Black Press Media)
B&E, stolen car in Vernon lands Whitehorse man in cuffs

Suspect takes off on foot in attempts to evade arrest

Penticton Search and Rescue along with the Penticton Fire Department located and airlifted an injured 21-year-old female hiker Sunday, Nov. 22, 2020. (Mike Biden photo)
Penticton search and rescue airlift injured hiker off mountain

There has been an unprecedented amount of calls for search and rescue this year

Most Read