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

Update: Power restored to 2,000 Lake Country homes

The cause of the outage is unknown

Update: Evacuation alerts rescinded for properties near West Kelowna wildfire

The wildfire near Glenrosa is considered out of control

RDOS: Evacuation order ammended, residents north of Summerland can return home

Properties in the Summerland region still on evacuation alert

Peachland is open for business

Fires keeping away visitors, tourists

Okanagan Wildfires: The latest on wildfires and evacuations

A Saturday morning look at the major wildfires impact the Okanagan and Similkameen.

VIDEO: Victoria woman recounts driving past wildfire near Peachland

Jenna Smith compared the fire to an apocalypse movie

B.C. mining company, involved in 2014 spill, ordered to pay lost wages

Mount Polley Mining Company must pay wages to 26 employees who were laid off without proper notice

Two significant wildfires burning in southeastern B.C.

More than 20 fires were burning in the Southeast Fire Centre as of Saturday afternoon

Volunteers provide the glue that keeps BC Games moving

The 2018 Cowichan Summer Games had more than 2,300 volunteers on hand across Vancouver Island

No Name brand chicken nuggets recalled due to possible salmonella

Canadian Food Inspection Agency says multiple illnesses reported in B.C., Alberta and Ontario

Lodeiro scores twice to help Sounders beat Whitecaps 2-0

Seattleā€™s Nicolas Lodeiro opened the scoring in the fifth minute when he converted a penalty kick

RDOS fire update: emergency social services moved

Centre moved to Penticton Memorial Arena for Saturday and Sunday

Race walker breaks 18-year-old BC Games record

Zone 6 athlete Olivia Lundman crossed finish line with ease, to loud cheers in Cowichan

PHOTO GALLERY: BC Games Day 2

A brief look at action from the 2018 BC Summer Games in the Cowichan Valley

Most Read