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

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

The regional jobs picture has improved. (Innovate Impact Media/Creative Commons photo)
Northwest unemployment rate dips again

Is now second lowest of any region in B.C.

Cedar Valley Lodge, LNG Canada’s newest accommodation for workers at the LNG Canada Project site in Kitimat. The most recent outbreak among workers at the project site was just declared over. (Photo courtesy of LNG Canada)
Second COVID-19 outbreak at LNG Canada Project site declared over

The outbreak was first declared on Dec. 16, 2020

The first of two massive turbines headed from Prince Rupert for the Site C Dam near Fort St. John on Jan 10. (Photo: Supplied by Tasha McKenzie)
Massive turbines begin trek across Northwestern B.C.

Turbines headed from Prince Rupert to Site C Dam to cause traffic delays week of Jan. 10 to 14

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Standardized foundation skills assessment tests in B.C. schools will be going ahead later than usual, from Feb. 16 to March 12 for students in Grades 4 and 7. (Black Press Media file photo)
B.C. teachers say COVID-affected school year perfect time to end standardized tests

Foundational skills testing of Grade 4 and 7 students planned for February ad March

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virtually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Most Read