Polygamy case hears sentencing arguments

Two men convicted of practising polygamy in British Columbia were motivated by “sincerely held religious beliefs,” but their sentences should include jail time to denounce their crimes and deter others, a special prosecutor said Tuesday.

Peter Wilson recommended Winston Blackmore serve between 90 days and six months in jail and James Oler one month to 90 days, telling Justice Sheri Ann Donegan of the B.C. Supreme Court: “They are both, by all accounts, law-abiding, hardworking citizens, honest men.”

There are only two other convictions for polygamy in Canadian history, but because those cases took place in 1899 and 1906 they do not help in determining sentences for Blackmore and Oler, he said.

Blackmore’s lawyer, Blair Suffredine, asked the judge to consider all possible sentences in the case, including an absolute discharge.

He said that would allow Blackmore to continue to work at his sawmill so he can support his family, and would not leave him with a criminal record, which could prevent visits to the U.S. where three of his wives live.

The convictions tell the community that polygamy is illegal and people who practise it may be prosecuted, Suffredine said.

“In my submission, that’s all that’s required here, is to tell the community, finally, that it’s not protected and you take the risk that you’ll be prosecuted,” he said.

Donegan reserved her decision and will set a sentencing date for sometime in the next six weeks on Friday.