Winston Blackmore and James Oler were found guilty of practicing polygamy in Cranbrook Supreme Court on Monday, in a ruling from Justice Sheri Donegan.
The two men, who are associated with the polygamous community of Bountiful near Creston in the southeastern corner of BC, have not yet been convicted as the legal proceedings move to constitutional arguments initiated by BlackmoreB次元官网网址檚 lawyer, Blair Suffredine.
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Blackmore and Oler each faced one count of polygamy after charges were approved by special prosecutor Peter Wilson in 2014. BlackmoreB次元官网网址檚 indictment included practicing polygamy with 24 women, while Oler was charged with practicing polygamy with four women, however, one addition was made during the course of the trial, bringing the total to five women.
Lawyers will reconvene by telephone on Aug. 21 to arrange a date to make the constitutional arguments.
Dan McLaughlin, communications counsel for the Criminal Justice Branch, said the verdicts are a result of the crown proving itB次元官网网址檚 case against Blackmore and Oler beyond a reasonable doubt.
B次元官网网址淭he court has not, however, entered convictions at this stage,B次元官网网址� McLaughlin said. B次元官网网址淭his is simply one more step in what has been a fairly involved criminal process.B次元官网网址�
ItB次元官网网址檚 up to Suffredine and Oler to decide how to argue their respective cases moving forward. Suffredine indicated he wished to make Charter arguments, while Oler indicated he wishes to make common-law submissions.
B次元官网网址淚tB次元官网网址檚 our understanding that there are essentially two broad areas of challenge,B次元官网网址� said McLaughlin, B次元官网网址漚nd I donB次元官网网址檛 profess to speak on behalf of either counsel for Mr. Blackmore or Mr. Oler, but there will be a constitutional aspect to it, or a charter challenge, along with a common law challenge.
B次元官网网址淚tB次元官网网址檚 difficult to characterize them. TheyB次元官网网址檙e not in the nature of an appeal at this stage, they deal with evidentiary elements that arose during the course of the trial.B次元官网网址�
The polygamy charges stem from the polygamous activities of Bountiful, which is associated with the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), a breakaway group from the mainstream Latter Day Saints church that practice plural marriages as a way to obtain the highest order of celestial glory.
DoneganB次元官网网址檚 guilty rulings came after her analysis of evidence submitted by Wilson, who relied on testimony from Jane Blackmore, WinstonB次元官网网址檚 first legal wife who divorced her former husband and left the community in 2003. Other evidence included marriage records seized by Texas law enforcement during a raid on an FLDS compound in 2008, while statements Blackmore and Oler made to authorities in separate police investigations were also admitted.
Outside court, Blackmore said he was never willing to deny his religious beliefs no matter the outcome.
B次元官网网址淚 wouldB次元官网网址檝e been hugely disappointed if I wouldB次元官网网址檝e been found not guilty of living my religion,B次元官网网址� said Blackmore. B次元官网网址淚 am living my religion, it is a part of my faith, it is something that is hugely important to me and my family and my father and his father, going back and hopefully going forward generations.B次元官网网址�
Blackmore associated his arguments in support of polygamy in the same vein as the struggle for legal protection for same sex marriage.
B次元官网网址淭wenty-seven years ago, adultery was a criminal act,B次元官网网址� Blackmore said. B次元官网网址淭wenty-seven years ago, when this started with us, same sex marriage was criminal. Twenty-seven years ago, swinging and swapping places were criminal activities, so all those people successfully launched constitutional challenge to freely associate with whomever they choose and they were successful in that I applaud them. I support that.B次元官网网址�
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Blackmore has been involved in police investigations relating to polygamy since the early 1990s. He was able to avoid prosecution in the past, having polygamy charges thrown out after allegations that the BC government went B次元官网网址榮pecial prosecutor-shoppingB次元官网网址� to find a lawyer willing to approve the charge.
After a polygamy charge was thrown out of court in 2009, the issue went to a constitutional reference case, which studied the polygamy under Section 293 of the Canadian Criminal Code to settle whether pursuing a polygamy charge infringed on the right to religious freedom.
The final judgement from the constitutional reference case, delivered in 2011, ruled that the harms associated with polygamy outweigh the right to religious freedom B次元官网网址� a decision that paved the way for the current prosecution.
