CBC News - Canada January 13, 2010
Polygamous sect leader sues B.C. government
The leader of a polygamous community is suing the B.C. government for unlawful prosecution.
Former B.C. attorney general Wally Oppal acted in a high-handed, reckless and abusive manner in prosecuting him, Winston Blackmore alleged in documents filed with the B.C. Supreme Court in Vancouver Tuesday.
Blackmore — who has admitted to having several wives — says his rights were violated when Oppal proceeded with charges on the basis of the recommendation of a special prosecutor after two earlier prosecutors had recommended no charges be laid.
The B.C. Supreme Court quashed the polygamy charges against Blackmore and James Oler in September 2009.
Overstepped authority
In her judgment, B.C. Supreme Court Judge Sunni Stromberg-Stein said Oppal did not have the authority to appoint a third special prosecutor
Blackmore's suit seeks unspecified costs and damages for mental distress and public embarrassment.
Blackmore and Oler are leaders of two factions of the Fundamentalist Church of Jesus Christ of Latter-day Saints based in the southeastern Interior B.C. community of Bountiful.
They were arrested earlier in 2009 and charged with one count each of breaching Section 293 of the Criminal Code — which bans polygamy — by entering into a conjugal relationship with more than one individual at a time.
The charges alleged Blackmore was married to at least 19 women and Oler had at least three wives.
This article was found at:
http://www.cbc.ca/canada/british-columbia/story/2010/01/13/bc-blackmore-lawsuit-oppal.html
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The Globe and Mail - Canadian Press January 13, 2010
Polygamist leader suing B.C. government
by James Keller
Winston Blackmore, the leader of a polygamous community in southeastern British Columbia who has admitted to having multiple wives, is suing the provincial government for violating his rights when he was charged last year.
Mr. Blackmore and James Oler, both leaders of separate factions in Bountiful, B.C., were arrested in January 2009 and each charged with practising polygamy, two decades after police first starting looking into the community near the United States border.
The charges were thrown out last fall after the men's lawyers successfully argued in court that the decision of a previous special prosecutor not to lay charges was final.
“The [attorney general] acted in a manner that was high handed, arbitrary, reckless, abusive, improper and inconsistent with the honour of the Crown and the administration of justice,” says a statement of claim filed in B.C. Supreme Court on Tuesday.
Before the pair were arrested, two separate legal experts, including a special prosecutor, recommended against charges, instead recommending authorities first ask the court to determine whether such a case could withstand a challenge under the Charter of Rights and Freedoms.
In 2008, then-attorney general Wally Oppal appointed another special prosecutor, Terry Robertson, who ultimately decided to charge the men.
“The [attorney general] intended to create an illusion that the decision to prosecute was that of the special prosecutor,” says the statement of claim.
“In fact, the [attorney general] only accepted Mr. Robertson's decision because it reflected the result he personally sought.”
The lawsuit, which contains allegations that haven't been tested in court, says Mr. Blackmore has suffered mental distress, anxiety and public embarrassment, and it asks for unspecified damages and legal costs.
Shawn Robins, spokesman for current Attorney General Mike de Jong, said the ministry was reviewing the statement of claim.
“We're aware he's filed, we will receive a copy of the filing, we will review it and we will respond accordingly,” Robins said in an interview Wednesday.
Last October, de Jong announced the government would ask the B.C. Supreme Court for an opinion on whether the federal law barring multiple marriage violates the religious protections under the charter.
Mr. Oppal, who left politics last year after he was narrowly defeated in a provincial election, declined to comment.
Mr. Blackmore did not respond to an email seeking comment, and he hadn't mentioned the lawsuit on his blog, where he regularly offers advice and answers questions he says are from readers.
Last week, he posted an entry marking the one-year anniversary of his arrest.
“It was a long day – a long week, a long month, a long year,” says the posting, which is dated last Friday.
“To top it all off, the government thinks that I should pay for it all while Wally gets a pension!”
Mr. Blackmore and Mr. Oler are leaders of two separate factions of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a breakaway sect of the mainstream Mormon Church, which renounced polygamy more than a century ago.
Mr. Blackmore is reported to have more than 100 children.
The RCMP first investigated the community in 1990, and there have been subsequent investigations into allegations including polygamy, sexual abuse, and trafficking young girls to sister polygamous communities in the U.S. to be married.
But prosecutors repeatedly shied away from laying charges.
The RCMP opened a new investigation in 2005, and the force recommended charges against Mr. Blackmore and Mr. Oler in 2007.
Mr. Oppal then appointed the first special prosecutor, Richard Peck, to review the recommendation. He recommended asking the court to review the polygamy law.
Mr. Oppal then asked another lawyer, Len Doust, to review that decision. Mr. Doust agreed with Mr. Peck, and the men were arrested and charged.
This article was found at: http://www.theglobeandmail.com/news/national/british-columbia/polygamist-leader-suing-bc-government/article1430320/
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