Judge rejects polygamy law challenge
Two men from Bountiful, B.C., found guilty last July
CRANBROOK, B.C. — A judge has rejected a challenge to Canada’s polygamy laws that was launched after two men were found guilty in British Columbia.
Winston Blackmore and James Oler were found guilty in B.C. Supreme Court last July of having multiple wives, but a lawyer for Blackmore argued the law infringes on the charter right to freedom of religion and expression.
Justice Sheri Ann Donegan dismissed all arguments Friday that the charges should be stayed, including a claim the prosecution was an abuse of process.
Both men have been leaders in the small community of Bountiful in southeastern B.C., where court heard residents are members of the Fundamentalist Church of Jesus Christ of Latterday Saints, which condones plural marriage.
Blackmore, 62, was found guilty of marrying two dozen women, while Oler, 53, was found to have five wives. Both men face a maximum of five years in prison.
In December, Blackmore argued he believed he was allowed to practise polygamy because he wasn’t charged when police investigated allegations about his multiple wives in the 1990s.
Outside court on Friday, Blackmore said he doesn’t encourage anyone to practise polygamy, but he also doesn’t discourage anyone who has a religious commitment.
“I know one thing, and that’s that our faith is as good as anybody’s. But at the end of the day, we need to be people who try to respect the laws of our country,” he said.
“I didn’t know it was illegal. We got a definite letter from the attorney general at the time, which said that our conduct was protected under the charter — the same charter, by the way, that affects all the same-sex couples ... the same charter that affects every other person’s right to associate with whoever they choose. All I’m saying is that I should equally enjoy that same right.”
His lawyer, Blaire Suffredine, argued the unions were never legal marriages, but commonlaw relationships sanctioned by Blackmore’s church, which carry no legal weight.
Special prosecutor Peter Wilson argued Blackmore was always at risk of prosecution, even though Canada’s polygamy laws have in the past been constitutionally vague.
In 1991, the RCMP completed a 13-month investigation into Bountiful by recommending polygamy charges against Blackmore and another man, but
B.C.’s attorney general decided not to lay charges because of uncertainty over whether the law was unconstitutional on the grounds of religious freedom.