Polygamist leader Winston Blackmore to learn the result of his constitutional charter challenge on Friday in Cranbrook Supreme Court. Trevor Crawley photo

Ruling on polygamist leader charter challenge expected today

Winston Blackmore to learn fate of his polygamy prosecution in Cranbrook Supreme Court.

A judge will deliver a ruling on the constitutional challenge of a fundamentalist polygamy leader on Friday in Cranbrook Supreme Court.

Winston Blackmore was found guilty of practicing polygamy with over 24 women by Justice Sheri Donegan, who also found co-accused James Marion Oler guilty of the same offence with five women.

READ: Winston Blackmore and James Oler found guilty in landmark polygamy trial

However, at the conclusion of the Crown’s case during the trial, Blackmore’s lawyer indicated his intent to file a constitutional challenge to seek charter relief.

He is seeking a stay of proceedings or an exemption from punishment.

Blackmore, a fundamentalist Mormon leader from Bountiful — a small community south of Creston in the southern corner of BC — launched his constitutional arguments last fall, arguing that his prosecution has been an abuse of process since he was first investigated by law enforcement in the early 1990s.

It’s taken 27 years for the issue to go through the courts because government officials were convinced a prosecution of polygamy would fail based on a charter defence.

Crown officials believed that proceedings against Blackmore under Section 293 of the Canadian Criminal Code, the polygamy offence, would ultimately fail against a constitutional challenge.

That issue was settled in 2011 following a ruling from a constitutional reference case addressing Section 293, which determined that the harm associated with polygamy outweighs the individual right to religious freedom.

With that ruling in hand, the Ministry of Justice appointed Peter Wilson, a special prosecutor who approved the polygamy charges in 2014 and led the case for the Crown.

The crux of Blackmore’s charter challenge relies on the fact that since Crown lawyers never charged him with polygamy after an initial investigation in the early 1990s, he was essentially allowed to practice polygamy without fear of prosecution.

READ: Testimony wraps up in Blackmore charter challenge

READ: Blackmore took ‘calculated’ risk: Crown

Blackmore’s lawyer, Blair Suffredine, argued that a public statement from the Criminal Justice Branch detailing Crown’s fears that prosecuting Blackmore under Section 293 would fail serves as the basis for the challenge.

If prosecutors weren’t willing to charge Blackmore with polygamy after the initial investigation, then it essentially served as legal validation to pursue polygamous marriages, argued Suffredine.

During Blackmore’s challenge, Wilson argued on behalf of the Crown that Blackmore should have sought legal validation from the courts, instead of relying on public statements by government officials.

Just Posted

VicPD honours seven citizens for their courage and dedication

Civic Service Awards presented at ceremony in Hall of Honour

‘It’s just hair:’ Central Saanich woman chops her locks for Wigs for Kids

Wigs for Kids BC will receive two 12-inch braids from Brentwood Bay resident Liza Glynn

Oak Bay volunteer fair aims to sow seeds of giving time

Oak Bay Volunteer Services hopes to attract the next generation

New orca calf in Salish Sea ‘healthy and active’

Birth cause for celebration but things still dire genetically, expert says

POLL: Should people have to license their cats?

The Victoria Natural History Society has sent letters to 13 municipalities in… Continue reading

Second fatal crash occurs in Alberni Valley

Traffic on Highway 4 is being re-routed as investigators are en route

Indigenous energy summit includes session on pipeline ownership options

Steven Saddleback of the Indian Resource Council says a session will feature presentations on financing models

Japanese grand champion Kisenosato retires from sumo

The 32-year-old Kisenosato was the first Japanese-born wrestler in 19 years to gain promotion to sumo’s highest rank

UPDATE: Accused B.C. high school killer found fit to stand trial

Gabriel Klein is accused in the 2016 stabbing death of Letisha Reimer at Abbotsford Senior Secondary

Right-wing, neo-Nazi, white supremacist groups an increasing concern: Goodale

Ten people died in April 2018 when Alek Minassian allegedly drove a rental van down the busy stretch in Toronto

Canadian stock exchanges to conduct lottery for ‘POT’ ticker amid high demand

The symbol became available after fertilizer Potash Corp. officially merged with Agrium Inc. in early 2018

VIDEO: Mattress fire at Cowichan Hospital under investigation

The Cowichan District Hospital was locked down on Tuesday afternoon due to… Continue reading

Most Read