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Constitutional challenge in polygamy case delayed

Legal process for fundamentalist Mormon leader found guilty of polygamy grinds to a halt.
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Constitutional arguments in the case of Winston Blackmore, a polygamous leader near Creston, B.C., have been delayed until December in Cranbrook Supreme Court. Trevor Crawley photo

Constitutional arguments in a landmark polygamy case have been adjourned till December after lawyers haggled over delays in filing court documents.

Winston Blackmore, who was found guilty of polygamy earlier this year, filed noticed that he would be raising a charter challenge following the conclusion of the CrownB次元官网网址檚 case in April.

Blackmore, the polygamous leader of a fundamentalist Mormon community near Creston, was found guilty in July, along with co-accused James Marion Oler, who was also charged with polygamy.

However, since the notice, there has been a few different versions of affidavits circulated informally to crown attorneys by BlackmoreB次元官网网址檚 lawyer, Blair Suffredine, along with missed filing deadlines to the court registry.

Peter Wilson, a special prosecutor appointed by the provincial government to litigate the case, expressed his frustration with missed deadlines after opening the court session by asking Justice Sheri Donegan to adjourn the hearing.

B次元官网网址淚B次元官网网址檓 in a position where, under normal circumstances, I would object but understand Mr. Blackmore is entitled to his day in court,B次元官网网址 said Wilson.

Justice Donegan agreed.

B次元官网网址淭his is an important case and fairness is integral to the entire process,B次元官网网址 she said.

After indicating he would not be bringing forward a constitutional challenge before the trial process in April, Suffredine reversed course and signalled his intent to file a notice of application at the conclusion of the CrownB次元官网网址檚 case.

From there, there have been ongoing complications in missed deadlines for affidavits as well as an agreed statement of facts.

Justice Donegan adjourned the hearing over until the week of Dec. 11, where lawyers will return to Cranbrook Supreme Court.



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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