Lawyer argues accused Canadian polygamist's trial rights violated

Canadian courts • Confusion over country's plural marriage laws puts evidence in doubt, he says.

Trent Nelson | The Salt Lake Tribune
Brian Hales arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Winston Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Hale is an anesthesiologist from Utah's Davis County who has written three books on Mormon fundamentalism.

Trent Nelson | The Salt Lake Tribune
James Oler arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
Winston Blackmore arrives at court in Cranbrook, B.C., Wednesday April 19, 2017.

Trent Nelson | The Salt Lake Tribune
Winston Blackmore arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
James Oler outside the courthouse during a break in his trial in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
James Oler outside the courthouse during a break in his trial in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
Texas Ranger Nick Hanna poses for a souvenir photo with RCMP Constable Shelley Livingstone at the courthouse in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada.

Trent Nelson | The Salt Lake Tribune
James Oler arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.

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Trent Nelson | The Salt Lake Tribune Brian Hales arrives at court in Cranbrook, B.C., Tuesday April 18, 2017. Winston Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Hale is an anesthesiologist from Utah's Davis County who has written three books on Mormon fundamentalism. Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Trent Nelson | The Salt Lake Tribune Winston Blackmore arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune James Oler outside the courthouse during a break in his trial in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune James Oler outside the courthouse during a break in his trial in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune Winston Blackmore leaves court in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune Texas Ranger Nick Hanna poses for a souvenir photo with RCMP Constable Shelley Livingstone at the courthouse in Cranbrook, B.C., Wednesday April 19, 2017. Blackmore and co-defendant James Oler are the first fundamentalist Mormons to be tried for polygamy in Canada. Trent Nelson | The Salt Lake Tribune James Oler arrives at court in Cranbrook, B.C., Wednesday April 19, 2017. Oler and co-defendant Winston Blackmore are the first fundamentalist Mormons to be tried for polygamy in Canada.

The Associated Press

· May 3, 2017 11:41 am

This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Cranbrook, British Columbia • A lawyer whose client is on trial for polygamy in Canada argued Monday that evidence in the case was collected amid confusion over the legality of the country's laws on plural marriage.

Attorney Blair Suffredine is asking a judge to lift a polygamy charge against Winston Blackmore.

Blackmore and James Oler each face one count of polygamy. Both men have served as bishops for the religious settlement of Bountiful, British Columbia, which follows the teachings of a Mormon offshoot sect, the Fundamentalist Church of Jesus Christ of Latter-Day Saints.

Blackmore is accused of marrying 24 women. Oler is accused of having four wives.

Suffredine said in court that evidence against Blackmore was collected from 1990 to 2011, a period when the constitutionality of Canada's laws prohibiting polygamy was unclear. The law was upheld in 2011.

Following years of legal wrangling, a criminal trial for Blackmore and Oler began last month, more than 25 years after Royal Canadian Mounted Police first began investigating allegations that residents of the isolated, religious community were practicing plural or "celestial" marriage in the early 1990s.

British Columbia Supreme Court Justice Sheri Ann Donegan ruled Monday to allow into evidence statements made by Oler to police about his wives.

Investigators met with Oler in October 2005 to get his permission to interview the women during an investigation into alleged sexual exploitation.

The court has heard that Oler admitted to having three wives and said he would set up a time for police to conduct interviews. Since it was a general inquiry and not a formal police interview, it was not recorded.

Donegan ruled that Oler knew he was under police scrutiny, but that the statements about his wives were made voluntarily outside of the scope of the sexual exploitation investigation.