Blackmore refuses to enter a plea as polygamy trial opens in Cranbrook

The usually voluble Winston Blackmore was mostly silent Tuesday as he stood accused of polygamy in B.C. Supreme Court.

After the charge of one count of polygamy and the names of 24 women were read out, Canada’s best known polygamist and the leader of the fundamentalist group from Bountiful remained silent. He left it to Justice Sheri Donegan to record his silence as a not guilty plea.

His co-accused was also largely silent, although James Oler said not guilty after his charge of one count of polygamy was read, along with the names of four women.

It was a quiet start to this trial that involves a Criminal Code section that dates back to the 1890s, a time when Mormons were fleeing to Canada to escape polygamy prosecutions in the U.S.

At his first appearance in 2014 for polygamy, Blackmore arrived at court with nine daughters — some of his 145 progeny.

This time, Blackmore came alone.

Blackmore has a lawyer. Oler is representing himself. Both men are former bishops of the Fundamentalist Church of Jesus Christ of Latter-Day Saints.

For them to be found guilty, the prosecution must prove they married in religious ceremonies or had conjugal relations sanctioned by the FLDS.

The first witness was Brian Hales, author of three books and numerous articles on Mormon fundamentalism. He provided a condensed version of how polygamy became part of Mormon doctrine and how it was abandoned in response to threats by the U.S. government that it would confiscate people’s property and essentially destroy the church.

It’s a complicated tale that includes revelations and their interpretations. It begins with an angel telling Mormonism’s founder Joseph Smith in 1834 that plural marriage was ordered by God and sanctioned by God. While Smith took a second wife, it wasn’t until 1841 that he began sanctioning multiple marriages among the men closest to him.

Six years later, after Smith’s death, Brigham Young announced in 1847 in a newspaper article that plural marriage was part of the church’s doctrine and church leaders were actively encouraging members to practice what was called “the new and everlasting covenant.”

It was only after the mainstream church renounced the practice, first in 1890 and more strongly and clearly in 1904, that fundamentalism was born.

Men — including Blackmore’s and Oler’s fathers, and Blackmore’s uncle, John, an Alberta member of Parliament — were persuaded in the 1930s and 1940s that the teaching of plural marriage could not be revoked and they must continue the practice if they were to reach the highest of the three realms of heaven. Hales explained fundamentalists also believe only those who have directly received the authority or “priesthood keys” from Smith can perform and solemnize these marriages.

In the FLDS, that key-holder is Warren Jeffs, the prophet serving a life sentence in the U.S. for child sexual abuse.

Outside the courtroom Tuesday, Blackmore refused to say whether Hales — a mainstream Mormon — got the history and fundamentalist doctrine right or even mostly right.

Hales’ testimony and crossexamination will continue Wednesday.

He will be followed by Texas Ranger Nick Hanna, who will present FLDS marriage records and personal records of members. The records were seized at the Yearning for Zion ranch in Texas in 2008 and were used in Oler’s early trial when he was acquitted of removing a child from Canada for illegal purposes. His co-accused, Brandon James Blackmore and Emily Gail Blackmore, were convicted and are awaiting sentencing.

The prosecution will then call an expert to speak about the importance of record-keeping in Mormon tradition before RCMP officers provide evidence that includes statements taken from both Oler and Blackmore, and government-issued birth certificates and birth registrations for the two and some of their children.

The Crown expects to wrap up its case within two weeks. Oler is not expected to call any witnesses or offer any defence.

It’s not clear what Blackmore’s lawyer, Blair Suffredine has in mind. Outside the court, he described his plan as “fluid.”

What he did say is Blackmore didn’t enter a plea because “he doesn’t want to deny his faith. He doesn’t feel guilty.”

What Suffredine will have to establish is that Blackmore’s deeply held belief is enough to override the criminal sanction against polygamy.