Constitutional arguments in the case of Winston Blackmore, a polygamous leader near Creston, B.C., have been delayed until December in Cranbrook Supreme Court. Trevor Crawley photo

Constitutional challenge in polygamy case delayed

Legal process for fundamentalist Mormon leader found guilty of polygamy grinds to a halt.

Constitutional arguments in a landmark polygamy case have been adjourned till December after lawyers haggled over delays in filing court documents.

Winston Blackmore, who was found guilty of polygamy earlier this year, filed noticed that he would be raising a charter challenge following the conclusion of the Crown’s case in April.

Blackmore, the polygamous leader of a fundamentalist Mormon community near Creston, was found guilty in July, along with co-accused James Marion Oler, who was also charged with polygamy.

READ: Bountiful leaders found guilty of polygamy

However, since the notice, there has been a few different versions of affidavits circulated informally to crown attorneys by Blackmore’s lawyer, Blair Suffredine, along with missed filing deadlines to the court registry.

Peter Wilson, a special prosecutor appointed by the provincial government to litigate the case, expressed his frustration with missed deadlines after opening the court session by asking Justice Sheri Donegan to adjourn the hearing.

“I’m in a position where, under normal circumstances, I would object but understand Mr. Blackmore is entitled to his day in court,” said Wilson.

Justice Donegan agreed.

“This is an important case and fairness is integral to the entire process,” she said.

After indicating he would not be bringing forward a constitutional challenge before the trial process in April, Suffredine reversed course and signalled his intent to file a notice of application at the conclusion of the Crown’s case.

From there, there have been ongoing complications in missed deadlines for affidavits as well as an agreed statement of facts.

Justice Donegan adjourned the hearing over until the week of Dec. 11, where lawyers will return to Cranbrook Supreme Court.

Just Posted

VIDEO: Black horse signals ‘sign of peace’ for Tsilhqot’in Nation

Justin Trudeau rides black horse provided by Cooper family

Trudeau exonerates hanged war chiefs of 1864 on B.C. Tsilhqot’in title lands

Prime minister rides horseback with Chief Joe Alphonse, TNG Chairman, to Xeni Gwet’in meeting place

B.C. Legions in need of young members to continue aiding veterans into the future

Lest we forget what thousands of men and women did to fight for Canada’s freedoms – but without new membership, many Legion chapters face dwindling numbers

Rain, snowfall warnings in effect across B.C.

B.C.’s Interior set to get hit with snow while the Lower Mainland is expected to see more rain

Turn your clocks back: Daylight Saving time ends Sunday

Don’t forget to turn back your clock, change your batteries

VIDEO: Amazon to split second HQ between New York, Virginia

Official decision expected later Tuesday to end competition between North American cities to win bid and its promise of 50,000 jobs

Disabled boy has ‘forgiven’ bullies who walked on him in stream, mom says

A Cape Breton teen who has cerebral palsy was told to lie in a stream as other kids walked over him

Letters shed light on state of mind of B.C. mom accused of daughter’s murder

Trial of South Surrey mother Lisa Batstone begins in BC Supreme Court

Vancouver man must pay $22,000 after breaking strata rules

Peter Gordon took his fight over his rented condo to the civil resolution tribunal, but lost

B.C. cheese linked to 5 E. coli cases

People are asked to throw out or return ‘Qualicum Spice’ cheese

Canada Post no longer guarantees delivery times amid more rotating strikes

The Canadian Union of Postal Workers closed two major processing centres in Ontario and B.C.

B.C. city councillor resigns as AutismBC director amid SOGI controversy

AutismBC president Gary Robins says Laurie Guerra’s resignation is effective Nov. 12

McGill students vote overwhelmingly to change Redmen team nickname

Student union held a referendum after a campaign by Indigenous students

B.C. university pride group replaces white supremacy posters

Around 50 people walked through downtown Victoria to share posters of love

Most Read