Winston Blackmore, a polygamous leader associated with Bountiful, near Creston, was found guilty of practicing polygamy in Cranbrook Supreme Court on Monday, July 24, 2017. (Trevor Crawley photo)

Blackmore set to launch charter challenge

Bountiful polygamist leader back in Cranbrook Supreme Court next week.

The ongoing legal battle of a fundamentalist polygamist leader is heading back to Cranbrook Supreme Court next week.

Winston Blackmore, through his lawyer Blair Suffredine, will launch a constitutional challenge in front Justice Sheri Donegan on Tuesday, arguing that his charter rights were violated when he was charged with polygamy.

This is the first case of polygamy that’s ever been criminally prosecuted in the 127-year history of the law.

READ: Blackmore found guilty of polygamy in landmark trial

James Marion Oler, a co-accused who was also charged with the same offence alongside Blackmore, indicated during his last appearance that he will not be making any similar submissions.

Both were found guilty of practicing polygamy in Bountiful, a small community south of Creston that is associated with the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS). Justice Donegan delivered her ruling in July, however, a conviction won’t be formally recorded until the constitutional challenge issue is addressed.

Lawyers, including Special Prosecutor Peter Wilson, along with Joe Doyle, a friend of the court who is present to ensure a fair trial for Oler, reconvened in Cranbrook earlier in November. That hearing was delayed after Suffredine did not file court documents by mutually agreed-upon deadlines.

Leading up to, and during the start of the polygamy trial, Suffredine had indicated he would not be filing a charter challenge, however, when the Crown closed its case, he announced his intent to file a notice of application.

The eight-day trial wrapped up in May after hearing evidence that included testimony from Blackmore’s first wife, Jane Blackmore, along with experts on mainstream Mormon church doctrine and history. RCMP investigators also testified while marriage and personal records seized in Texas in 2008 during a raid on an FLDS compound were also submitted as evidence

The polygamy charges were announced in 2014 after the BC government appointed Wilson as the special prosecutor in 2012.

His appointment followed the appointment of a string of special prosecutors who declined to approve polygamy charges against Blackmore, citing fears that a criminal prosecution would fail based on a constitutional charter defence.

That process resulted in a constitutional reference case that tested the constitutional valid of Section 293 (polygamy) in the Criminal Code of Canada. That ruling, delivered in 2011 by Justice Robert Bauman in BC Supreme Court, concluded that charging a person with polygamy does not violate their religious freedom rights.

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

Just Posted

The Town of Golden will be taking the next steps to decide how to proceed with the operation of the Golden Municipal Airport. (Town of Golden/Facebook photo)
Council reaches decision on Golden Airport study

Council will move forward with creating a strategic and tactical report for the airport

COVID-19 test tube. (Contributed)
test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health launches online booking for COVID-19 tests

Testing is available to anyone with cold, influenza or COVID-19-like symptoms

selfie.
Morning Start: Selfies Kill More People Than Sharks

Your morning start for Tuesday, Oct. 20, 2020

A health-care worker prepares to swab a man at a walk-in COVID-19 test clinic in Montreal North, Sunday, May 10, 2020, as the COVID-19 pandemic continues in Canada and around the world. (THE CANADIAN PRESS/Graham Hughes)
Interior Health records 21 new COVID-19 cases over the weekend

Thirty-six cases remain active; two people are in the hospital, one of whom is in intensive care

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Surrey RCMP cruisers outside a Newton townhouse Tuesday night. (Photo: Shane MacKichan)
Toddler in hospital, woman dead following stabbings at Surrey townhouse

Police say two-year-old was among victims found at townhouse complex in the 12700-block of 66 Avenue

View of Larsson Hill from DriveBC camera at 7:25 a.m. on Oct. 21. (Contributed)
Vehicle incident at Larson Hill causing delays up to one hour on Coquihalla

The incident has blocked traffic in both directions

A Tim Hortons employee hands out coffee from a drive-through window to a customer in Mississauga, Ont., on March 17, 2020. Tim Hortons is ending the practice of double cupping hot drinks, a move the fast food restaurant says will eliminate hundreds of millions of cups from landfills each year. THE CANADIAN PRESS/Nathan Denette
The end of double cupping: Tim Hortons ditches two cups in favour of one with sleeve

Most recycling facilities in Canada don’t recycle single use paper coffee cups because of a plastic lining

Canada’s Chief Public Health Officer doctor Theresa Tam responds to a question during a news conference Tuesday October 20, 2020 in Ottawa. Canada’s chief public health doctor says in the age of social media, fake news about the COVID-19 pandemic has been spreading faster than the virus itself. THE CANADIAN PRESS/Adrian Wyld
VIDEO: Fake news creates serious issues for battling pandemic, chief public health doc says

Both Tam and Prime Minister Justin Trudeau urged Canadians to be responsible about the information they share

A 20-year-old man was pronounced dead following a three vehicle collision on Highway 1 west of Revelstoke Tuesday, Oct. 20, 2020. (File photo)
One dead after Highway 1 crash near Revelstoke

20-year-old man pronounced dead at the scene of a three vehicle collision west of Revelstoke

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Steven Stuart Gardner has been charged with possession of a firearm contrary to an order and possession of a firearm without a licence. He has also been charged, under the Motor Vehicle Act, with driving while prohibited. (Crime Stoppers photo)
Car connected to shooting, dumped in Chase leads to unrelated arrest

Investigation of Kamloops shooting leads police to a rural Chase property

Volunteer registered nurse Stephanie Hamilton recieves a swab from a driver as she works at a Covid-19 testing site in the parking lot at Everett Memorial Stadium on Tuesday, Oct. 20, 2020 in Everett, Washington. (Andy Bronson / The Herald)
13 more COVID-19 cases in Interior Health region

There are 624 cases in the region since the start of the pandemic

Most Read