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

Regional District of Nanaimo to webcast board and committee meetings

Viewers can tune in to watch the regular meetings in real-time

Nanoose Bay carver goes all-in on projects

Bellis creates eight-foot totem as Christmas gift for wife

Oceanside RCMP auxiliary officer earns top honour for volunteer work

Dally presented special award by Island Commander

‘A really kind person’: Parksville’s Nick Major remembered by instructor

Outpouring of support in the days following death of young man

VIDEO: Missing teens named as suspects in three northern B.C. killings

Kam McLeod and Bryer Schmegelsky are wanted in the deaths of Lucas Fowler, Chynna Deese, unknown man

B.C. teens wanted in double homicide, suspicious death spotted in Manitoba

Kam McLeod and Bryer Schmegelsky were thought to have been seen in the Gillam area

Vancouver Island man wanted after walking away from halfway house in Victoria

Warrant issued for Jesse Goodale, convicted of aggravated assault

B.C. rail crossing death highlights risks for people in wheelchairs: watchdog

Transportation Safety Board points to ‘persistent risks faced by persons using assistive devices’

BC Cancer Agency refuses to release audit’s critical findings, but discloses ‘positive’ findings

Information and Privacy Commissioner asked to review redactions of cancer agency’s triage audit

Countdown starts to 2020 BC Summer Games

Two flags unveiled at Maple Ridge city hall.

Memorial bench painted by Vancouver woman to stay in park for now

Park board to look at options for artistic enhancements on commemorative benches

VIDEO: Man found dead near B.C. teens’ truck could be linked to a double homicide

RCMP said they are looking for Kam McLeod, 19, and Bryer Schmegelsky, 18, of Port Alberni

Weather Network’s anti-meat video ‘doesn’t reflect true story’: cattle ranchers

At issue is the video’s suggestion that cutting back on meat consumption could help save the planet

Most Read