Winston Blackmore, a polygamous leader associated with Bountiful, near Creston, was found guilty of practicing polygamy in Cranbrook Supreme Court on Monday, July 24, 2017. (Trevor Crawley photo)

Polygamous leader to launch charter challenge

Winston Blackmore back in Cranbrook Supreme Court to argue guilty finding in polygamy case.

One of Canada’s most prominent polygamist leaders will be back in Cranbrook Supreme Court on Tuesday to launch constitutional charter arguments after being found guilty of polygamy in July.

Both Winston Blackmore and James Marion Oler were found guilty of one count of polygamy by Justice Sheri Donegan, however, convictions were not formally entered as Blackmore raised a constitutional charter challenge after her ruling.

READ: Bountiful leaders found guilty of polygamy

Blackmore and Oler are connected to the polygamous community of Bountiful, which was founded by members of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), who believe that plural marriage is necessary to attain the highest level of celestial glory.

Blackmore is seeking a stay of the conviction and will argue that the evidence used against him was evidence collected before a landmark constitutional reference case in 2011 that upheld the criminal definition of polygamy as detailed in Section 293 in the Canadian Criminal Code.

Because the evidence was collected before 2011 — before it was unclear whether polygamy was a crime that breached charter rights contained in the constitution — the conviction should not stand, said Blair Suffredine, following Donegan’s ruling.

Whether Oler will bring forward the same charter arguments is unknown at this time.

Blackmore and Oler were charged with polygamy in August 2014 by Peter Wilson, a special prosecutor appointed by the BC government.

Evidence brought to trial included testimony from former Bountiful members, FLDS church records seized by law enforcement in Texas in 2008, and experts on mainstream Mormon religious practices and church history.

Just Posted

Kootenay Soul Diva: Loud and Proud

Creston’s fiery chanteuse Velle Weitman launches Winter Ale Series with strength and charm

Plan to cover rare train cars approved

Cranbrook History Centre to build timber-frame structure to cover rare train cars.

UPDATE: Tsunami warning cancelled for coastal British Columbia

Warning issued following 7.9 earthquake off Kodiak, AK

Cranbrook’s India Sherret nominated to Canadian Olympic ski cross team

Local skier set to compete at PyeongChang games in February, week after first World Cup medal

Fuel treatment underway in Cranbrook Community Forest

Project manager urges public to avoid area while fuel treatment work is being completed.

Never felt more like singin’ the blues

Vancouver blues legend Harpdog Brown plays Heritage Inn Lounge

Castlegar homicide victim identified

The victim was 38-year-old Jordan Workman of Castlegar, B.C.

B.C. Liberal leadership candidates get one last prime-time pitch

Leadership campaign to be decided in Feb. 3 vote

Andrew Scheer on trade, Trump and Trudeau

Canada’s Conservative leader begins three-day visit to B.C.

Victims restrained, sex toys and cash stolen from B.C. adult store

Armed suspects sought in adult store robbery

Vancouver Islanders ponder need for tsunami siren song

Alarm sounds in Port Alberni but not at the DND base in Esquimalt

Babcock, Goyette and Smyth honoured at Order of Hockey in Canada

Mike Babcock, from Saskatoon, guided the Detroit Red Wings to a Stanley Cup in 2008

Bell Canada alert prompts RCMP, privacy watchdog to probe data breach

Company spokesman: ‘Fewer than 100,000 customers were affected’

Most Read