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Bountiful Leader Winston Blackmore Puts Polygamy on Trial in BC
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by Tina Kells | January 21, 2009 at 11:01 am
854 views | 2 Recommendations | 3 comments
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The lawyer for B.C. polygamous sect leader Winston Blackmore, 52, plans to defend his client's right to have multiple legal wives by citing gay marriage and cohabitation arrangements. Blackmore, the head of the controversial fundamentalist Mormon sect in Bountiful, Fundamentalist Church of Jesus Christ of Latter-day Saints, is said to have 20 wives.
Blair Suffredine plans to challenge the legitimacy of the Criminal Code ban on polygamy. Sufferdine is arguing that the practice of polygamy is protected under religious freedom stipulations in Canada's Charter of Rights and Freedoms.
Sufferdine is expected to cite common law, gay marriage legislation and the Charter to make his case, and many legal analysts think he could actually win. Should Blackmore and Sufferdine triumph in court it could have far reaching implications that would effect various levels of government; from immigration and Canada Pension at the Federal level, to welfare and social services on the Provincial level.
Suffredine said the legality of same-sex marriage makes it difficult to argue that it's a criminal offence to enter into conjugal relationships with more than one person at the same time if all adults are consenting.
Suffredine also plans to argue that cohabitation arrangements between multiple people are acceptable under Canadian law.
"You can live in a communal relationship and not breach any laws, but if you actually promise to look after the other person in a ceremony, you've committed a criminal act," Suffredine told CBC News on Tuesday.
"As far as I can see, I don't understand why our law would sanction that as criminal behaviour if it's between consenting adults."
Also on trial for practicing polygamy is James Oler, 44, a leader of another Mormon fundamentalist church and a Blackmore rival. Oler is said to have 2 wives. Oler's sect resides in Creston BC. If convicted both Blackmore and Oler could face up to 5 years in prison.
Critics of BC Attorney General Wally Opal have stated that the stronger charge to have levied against Blackmore was child-rape but Opal is firm in his resolve to enforce the laws that ban polygamy in Canada and BC. Blackmore has fathered 80 children and some of his wives were 15 when he married them.
The mainstream branch of the Mormon Church of Jesus Christ of Latter-day Saints has distanced itself from Blackmore and other fundamentalist leaders who practice polygamy. The mainstream church ended the practice of polygamy in 1890 and excommunicates any members who engage in concurrent multiple marriages.
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Most RecentMost Recommended Comments (3)
at 12:54 on February 18th, 2009
It is easier for mainstream LDS or mormons to say they are NOT the same as the polygamists in <?xml:namespace prefix = st1 />Bountiful. However, their self-proclaimed prophet is JOSEP SMITH, they follow the BOOK of MORMONS and THE PEARL OF GREAT PRICE these magazines have the mandate to have at least 3 wives in order to go to heaven the same as the cult in Bountiful. The mainstream LDS church sales to their members, ridiculous, LONG JONS which they have to wear, at all times, in order to be worthy of heaven. If having the same self-proclaimed prophet does not make it the SAME wow!! The only explanation is that MAINSTREAM LDS want to keep their members oblivious to the reality of their CULT and they are afraid to be accountable to the mess JOSEPH SMITH left for our society to deal with. Shame on them for their NON intervention to help women and children.
at 08:08 on May 27th, 2009
Polygamous relationships in BC must be allowed. Canada already had a constitutional challenge to the Polygamy laws. In 2009 a Saskatchewan man challenged the laws of Saskatchewan Section 51 of the Family Property Act. The act allows polygamy and no criminal Polygamy charges are laid. He claimed he had the constitutional right to not be the spouse of a person who already had a spouse.
The judges did not allow the man to have paid representation by the government nor did it allow/invite interveners. They also ruled that a person could have legally sanctioned plural spousal unions in Canadian law ( Saskatchewan)
The man argued it was illegal to force him to be declared the simultaneous spouse of a woman who was still married legally in Canada. Rob Nicolson declined to attend the case twice because he likely felt he did not want to defend Canada's criminal code regarding Polygamy. Its about time all the provinces took this cue from Rob Nicolson and make their own provincial laws that become enacted as Provincial criminal code.
No province can enforce the Polygamy criminal code because Saskatchewan has already legalized Polygamy in this matter by using property laws to declare the definition of spouses.
No criminal charges can be laid in future cases because they were not laid in this case. Otherwise, it would be discrimination and case law prevails. No person, whether FLDS or otherwise should have to get divorced just to get more spouses. Divorce laws just cost people money for lawyers and time in court or doing stupid paperwork for uncontested divorces. Its cheaper to just get more spouses and also keep the ones you have.
The family law approval of plural spouses in Saskatchewan makes Polygamy legal in other provincial jurisdictions too. Families with multiple spouses that are created and legal in Saskatchewan can then move to BC or anywhere else in Canada and Polygamy would have to be legal there because the plural unions took place in a province where Polygamy is legal. Ontario allows this in their family law. ( if a spouse is taken in a place that allows it, then it is legal to have plural spouses in Ontario)
This whole religeous freedom matter regarding Polygamy is moot. Canadian values have to take into account the laws of each province. Canadian values must be the basis of whether or not a person individually sees as what the criminal code in their province is at any given time, not the Federal laws.
at 14:11 on July 4th, 2009
I don't know about Canada but down here we tend to put judges that break the law in jail for extended periods of time.