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Bountiful polygamist believed he couldnBԪַt be prosecuted: lawyer

Winston BlackmoreBԪַs lawyer says Blackmore did not believe he could be prosecuted
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Constitutional arguments in the case of Winston Blackmore, a polygamous leader near Creston, B.C., are underway in Cranbrook Supreme Court. Trevor Crawley photo

The lawyer for a British Columbia man found guilty of marrying two dozen women says his client believed he could not be prosecuted for polygamy.

Winston BlackmoreBԪַs attorney, Blaire Suffredine, was in B.C. Supreme Court in Cranbrook on Wednesday, arguing that a provincial attorney general in the early 1990s issued a statement that said charging an individual with polygamy would breach their charter rights.

BԪַHis statement, that this is the law and this is what we will enforce and this is what we wonBԪַt enforce BԪַ is a clear statement that everyone in British Columbia, including Mr. Blackmore, can rely on,BԪַ Suffredine said.

The statement followed an RCMP investigation in Bountiful, B.C., where the court has heard residents follow the tenants of the Fundamentalist Church of Jesus Christ of Latter-day Saints, a sect that condones plural or BԪַcelestialBԪַ marriage.

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Blackmore, a leader in the small community, was found guilty earlier this year of one count of polygamy after the court heard he had married 24 women, including three who were 15 years old at the time.

His co-accused, James Oler, was found guilty of having five wives.

Blackmore is asking for a stay of the proceedings and an exemption from prosecution based on his religious beliefs. If he is convicted, Blackmore is asking for an absolute discharge.

The convictions have not be entered pending the outcome of the constitutional arguments.

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Suffredine argued on Wednesday that BlackmoreBԪַs unions were never legal marriages, but common-law relationships sanctioned by BlackmoreBԪַs religious beliefs, which carry no legal weight.

BԪַMr. Blackmore believes his actions were lawful, so he canBԪַt possibly have the intent to commit a crime,BԪַ Suffredine said. BԪַHe testified to this, that the ceremonies were common-law unions, and he understood that to be legal.BԪַ

Closing arguments in the case are expected to be heard on Thursday.

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Trevor Crawley

About the Author: Trevor Crawley

Trevor Crawley has been a reporter with the Cranbrook Townsman and Black Press in various roles since 2011.
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