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

PHOTOS: Nelson climate strike packs downtown to demand action

An inter-generational crowd staged a ‘die-in’ as part of the global strike Friday

Nelson’s Cedar Grove Estates affordable housing site to receive $3.2 million in renos

The project was made public during the Nelson CARES annual general meeting

Kootenay Lake ferry to shut down Saturday afternoon

Service to resume Sunday morning at 6:30 a.m.

Mystery illness killing Kootenay bees

Samples being sent to laboratories for analysis

New Railtown plaza to be funded by Columbia Basin Trust

The Trust is funding 12 outdoor community projects

VIDEO: A moment to remember during the World Lacrosse Men’s Indoor Championship in B.C.

Diego Hernandez Valenzuela’s team lost, but he felt like a winner Saturday

PHOTOS: Steller sea lion with plastic around neck rescued on Vancouver Island

Rescue staff determined the plastic band cut the protected animal’s neck approximately two inches

B.C. VIEWS: School officials join fact-free ‘climate strike’

Students, public get distorted picture of greenhouse gases

Handgun crackdown, health spending and transit plans latest campaign promises

Friday was the end of a busy week on the campaign trail

B.C. woman photographs massive ant swarm on Abbotsford driveway

She asked what the ants were doing? The answer: war

Iconic 90s TV show ‘Friends’ celebrates 25th anniversary

The iconic, decade-long television show aired its first episode 25 years ago today

Police arrest B.C. phone scammer linked to illegal call centres in India

Person arrested in Burnaby here on a work visa, says police

Air Canada forced girl, 12, to remove hijab: civil rights group

The San Francisco Bay Area office of the Council on American-Islamic Relations calling for change

Most Read