British Columbia

Polygamous sect leader sues B.C. government

Polygamous community leader Winston Blackmore is suing the B.C. government for unlawful prosecution.

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.

With files from the Canadian Press