R. v. Blackmore

R. v. Blackmore

Applications for stays of proceedings were dismissed. Officially induced error failed because the 1992 press release and subsequent non-enforcement were not advice from an appropriate official that polygamy was lawful, the defendants did not establish the required subjective reliance and the elements of the defence were not met. Blackmore's s.7 abuse of process claim failed in the residual category because past impugned conduct (including Attorney General's appointments) was addressed by prior judicial remedy and there was no ongoing misconduct, no improper motive or bad faith, and material changes in law (Polygamy Reference) and evidence justified reconsideration. A constitutional...

Citation
2018 BCSC 367
Parties
Prosecution: Regina; Accused / Applicant: Winston Kaye Blackmore; Accused / Applicant: James Marion Oler; Amicus Curiae: Amicus Curiae
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 March 2018
Procedural Posture
Criminal Polygamy (s. 293 Criminal Code) / Post Trial Application for Stay of Proceedings (convictions Found; Applications for Stay Pending)
Outcome
Applications for stay of proceedings dismissed; convictions to be registered
Legal Topics
Officially Induced Error, Abuse of Process (residual and Main Categories), Special Prosecutor Appointment (crown Counsel Act S.7), Pre Charge Delay, Section 293 Criminal Code (polygamy), Section 2(a) Charter Religious Freedom, Section 7 Charter Liberty/security, Judicial Reference Procedure
Source Language
English
Criminal Law Constitutional Law Administrative Law Charter Litigation Prosecutorial Discretion Officially Induced Error Abuse of Process (residual and Main Categories) Special Prosecutor Appointment (crown Counsel Act S.7) +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Prosecution

Winston Kaye Blackmore

Accused / Applicant

James Marion Oler

Accused / Applicant

Amicus Curiae

Amicus Curiae

Procedural Posture

Criminal Polygamy (s. 293 Criminal Code) / Post Trial Application for Stay of Proceedings (convictions Found; Applications for Stay Pending)

Legal Issues

  1. 1 Whether officially induced error applies based on provincial Crown press release and long-standing non-enforcement
  2. 2 Whether a stay of proceedings is required for abuse of process under s.7 of the Charter given Crown conduct over decades
  3. 3 Whether a constitutional exemption from punishment under s.2 (religious freedom) is available to Blackmore

Ratio Decidendi

Applications for stays of proceedings were dismissed. Officially induced error failed because the 1992 press release and subsequent non-enforcement were not advice from an appropriate official that polygamy was lawful, the defendants did not establish the required subjective reliance and the elements of the defence were not met. Blackmore's s.7 abuse of process claim failed in the residual category because past impugned conduct (including Attorney General's appointments) was addressed by prior judicial remedy and there was no ongoing misconduct, no improper motive or bad faith, and material changes in law (Polygamy Reference) and evidence justified reconsideration. A constitutional...

Court Disposition

Applications for stay of proceedings dismissed; convictions to be registered

Orders

  • Application for stay of proceedings dismissed
  • Convictions to be registered