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.

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

Just Posted

North District RCMP see massive spike in domestic calls

Connection to COVID-19 pandemic likely for reduced call volume, increased severity

Northwest mines lengthen crew rotations in response to COVID-19

Northern Health confident precautions sufficient enough to keep work camps open

Feds and Chamber of Commerce team up to support businesses

PRDCC is offering weekly conference calls to business in Prince Rupert

Fire on Third Ave. in Prince Rupert

Prince Rupert Fire Rescue crew attended the hotel

Fisheries and Oceans Canada lifts at-sea observer requirements due to COVID-19

Fisheries Management Order went into effect April 2 and will remain for 45 days

Here’s how to talk to people who aren’t taking physical distancing seriously

Approach the conversation with empathy says conflict expert

B.C. clears more acute hospital beds as COVID-19 case growth slows

Province holding about 40% of beds empty for peak still to come

As 500K+ apply for emergency benefit, Trudeau says aid coming for Canadians left behind

Canada Emergency Response Benefit provides $2,000 per month

Wearing non-medical masks can stop spread of COVID-19 before symptoms start: Tam

Health officials had previously not recommended wearing them

UPDATE: UK PM Boris Johnson moved to intensive care after COVID-19 symptoms worse

He has been quarantined in his Downing St. residence since being diagnosed with COVID-19 on March 26

Travellers, travel agents ‘in agony’ over refund policies and customer service

Many Canadian carriers are offering customers flights rebookings or travel vouchers — but not refunds

Introverted and extroverted kids likely to react differently to COVID-19 restrictions

B.C. child psychologist says your parenting approach can’t be one-size fits all in social isolation

B.C. begins taking submissions for $2M COVID-19 research fund

Rural health, impact of shifting hospital resources among priorities

Most Read