Constitutional arguments in the case of Winston Blackmore, a polygamous leader near Creston, B.C., are underway in Cranbrook Supreme Court. Trevor Crawley photo

Bountiful polygamist believed he couldn’t be prosecuted: lawyer

Winston Blackmore’s lawyer says Blackmore did not believe he could be prosecuted

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 Blackmore’s 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.

“His statement, that this is the law and this is what we will enforce and this is what we won’t enforce … is a clear statement that everyone in British Columbia, including Mr. Blackmore, can rely on,” 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 “celestial” marriage.

Related: Winston Blackmore’s appeal of polygamy charge underway

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.

Related: Winston Blackmore and James Oler found guilty of polygamy in landmark B.C. trial

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

“Mr. Blackmore believes his actions were lawful, so he can’t possibly have the intent to commit a crime,” Suffredine said. “He testified to this, that the ceremonies were common-law unions, and he understood that to be legal.”

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

Like us on Facebook and follow us on Twitter.

Just Posted

B.C. First Nation Chief Ed John faces historic sex charges

John served as minister for children and families under then-premier Ujjah Dosanjh

Prince Rupert RCMP seeks public assistance in locating missing male

Melvin Stanley Young was last seen on Nov. 13

Carol Young, an artist who fought for timely cancer treatment in Abbotsford, dies before first solo show

B.C. Haida artist’s exhibit to open Saturday at downtown Seattle gallery

Truck on fire near Prince George impacted Shaw services in Prince Rupert

The issue has now been resolved said the telecommunications company

Cullen gets $89,000 in post-MP severance

At 55, the former MP will also be eligible for an $82,000 per annum pension

Metlakatla “breaking the glass ceiling” with seniors’ housing

Grand opening for Cedar Village Seniors’ Housing in Prince Rupert

‘It’s been 12 years’: Father of murdered B.C. real estate agent pleads for mayor’s help

Lindsay Buziak was stabbed to death on Feb. 2, 2008 in Saanich. Her case is unsolved.

B.C. woman sends fight to reduce preventable medical errors to Victoria

Teri McGrath and South Okanagan senior’s centre members presented 150 signature petition to local MLA

Yelling at your dog might hurt its long-term mental health: study

Researchers find dogs trained using negative reinforcement are more ‘pessimistic’

Transgender inmate in Surrey denied transfer to women’s prison

Petitioner argued denial of transfer to women’s prison was unreasonable and unfair

Community uses loophole to paint 16 rainbow crosswalks after B.C. council says no

So far 11 rainbows are painted and five planned, all since council denied the first proposal in September

Adoption centre closes despite effort to save it; B.C. left with two agencies

Choices Adoption and Pregnancy Counselling in Victoria was set to close in April

Most Read