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

Penalties sink Ice against Hurricanes

The Kootenay Ice lost 5-2 against the visiting Lethbridge Hurricanes on their Family Day Game

Crowds pack downtown core for Blitzville

Crowds flocked to the downtown Cranbrook core to take in the inaugural… Continue reading

Blades cut through Kootenay Ice 8-3

The Ice couldn’t come back against the Saskatoon Blades after an early three-goal deficit

Gord McArthur back in action from retirement

After eight years McArthur slew his kryptonite at the World Cup Ice Climbing tour in Switzerland

RDEK takes steps towards reducing carcass pit use

The first step towards addressing the issue of carcass pits in the… Continue reading

Trudeau’s principal secretary, Gerald Butts, resigns amid SNC-Lavalin furor

Butts categorically denies the accusation that he or anyone else in the PMO improperly pressured former attorney general Jody Wilson-Raybould

Lost a ring? This B.C. man will find it for you

Chris Turner founded The Ring Finders, an international directory of metal detector hobbyists

Poverty coalition has high hopes for B.C. poverty reduction strategy

Funding allocation expected to be released with 2019 budget

East Kootenay mine deaths prompt safety initiatives

Teck produces educational video, introduces new procedures after contractor drowns at Fording River

‘How did we get here?’: B.C. mom of transplant recipient worries about measles outbreaks

Addison, 7, cannot get a live vaccine because she has a heart transplant

NDP Leader Jagmeet Singh calls for public inquiry over SNC-Lavalin questions

Vancouver member of Parliament Jody Wilson-Raybould resigned from cabinet last week

Canadian airlines waiting for guidance from Ottawa over X gender option

Major U.S. airlines said they will change their process so passengers can identify themselves along non-binary lines

Moose Hide campaign takes message to Canadian schools

Campaign launches new K-12 education platform

‘Violent’ B.C. man wanted on Canada-wide warrant

Prince George man with ties to Vernon sought by police

Most Read