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.

Just Posted

Driver convicted in death of Const. Sarah Beckett granted partial parole

Kenneth Jacob Fenton will be able to attend an alcohol abuse treatment, nearly three years after fatal crash in Langford

Sooke Council to review Lot A and cannabis regulations

Reports will set the stage for future Council action

New childcare in Langford looking for toddlers and teachers

Willowbrae Academy puts an emphasis on healthy living habits

Mike Hicks steps down as SEAPARC chairman

Sooke Coun. Al Beddows takes on position

GALLERY: Shots of the lunar eclipse from Victoria and beyond

Amateur and professional photographers capture the stunning celestial event

WATCH: Celebration of Life hosted for 29 Victoria trees set to be removed

Community Trees Matter Network hosting “goodbye and thank you” for trees on Fort Street

Suspect allegedly armed with handgun robs Island gas station

Incident occurred Sunday night in Nanaimo

B.C. man charged in 2014 snake venom death of toddler

Henry Thomas was taking care of the North Vancouver girl the day before she died

MARS seeing influx of sick, injured eagles from north part of Vancouver Island

Factors for increase in eagle cases can be anything from lead poisoning to vehicle strikes

Doug Ford says the Liberals’ carbon tax will plunge Canada into recession

The Ontario premier said there are already warning signs of difficult economic times ahead

Kamala Harris opens U.S. presidential bid in challenge to Trump

The 54-year old portrayed herself as a fighter for justice, decency and equality in a video distributed by her campaign

B.C.’s largest public-sector union wants inquiry into money laundering, drugs

Union officials say Premier John Horgan and Attorney General David Eby have not ruled out the possibility of a public inquiry

Woman offers luxury Alberta home for just $25 and a flair for the written word

Alla Wagner ran into health problems, which forced her to list the 5,000-square-foot estate at market value

46% of Canadians $200 or less away from financial insolvency: poll

45% cent of those surveyed say they will need to go further into debt to pay their living and family expenses

Most Read