Reference re: Criminal Code, s. 293

Reference re: Criminal Code, s. 293

Rule 15 applies to the Reference but Blackmore lacks the requisite direct interest in the precise outcome to be added as a party; his participation, while potentially useful, is not necessary for effective adjudication and adding him would convert the reference into an adversarial proceeding. Advance costs are refused because the Reference will proceed without him, he did not meet the strict evidentiary threshold of impecuniosity and exhaustively exploring other funding options, and the extraordinary three‑part test from Okanagan Indian Band and Little Sisters is not satisfied.

Citation
2010 BCSC 517
Parties
Respondent/party: Attorney General of British Columbia; Respondent/party: Attorney General of Canada; Applicant/interested Person: Winston Kaye Blackmore; Interested Person: James Marion Oler and Fundamentalist Church of Jesus Christ of Latter Day Saints; Party: Reference Amicus
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 April 2010
Procedural Posture
Constitutional Reference Concerning S. 293 Criminal Code / Application for Party Status and Advance Costs in Reference Proceedings
Outcome
Application to be added as a party dismissed; application for advance costs dismissed; Blackmore and his congregation granted interested person status on same terms as other interested persons
Legal Topics
Polygamy (s.293 Criminal Code), Reference Procedure, Standing, Advance Costs, Intervenor/interested Person Participation
Source Language
English
Constitutional Law Criminal Law Civil Procedure Polygamy (s.293 Criminal Code) Reference Procedure Standing Advance Costs Intervenor/interested Person Participation

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Parties

Attorney General of British Columbia

Respondent/party

Attorney General of Canada

Respondent/party

Winston Kaye Blackmore

Applicant/interested Person

James Marion Oler and Fundamentalist Church of Jesus Christ of Latter Day Saints

Interested Person

Reference Amicus

Party

Procedural Posture

Constitutional Reference Concerning S. 293 Criminal Code / Application for Party Status and Advance Costs in Reference Proceedings

Legal Issues

  1. 1 Whether Winston Blackmore should be added as a party to the Reference under Rule 15
  2. 2 Whether the Court should award advance (interim) costs to Blackmore to fund participation
  3. 3 Whether the Rules of Court apply to reference proceedings under the Constitutional Question Act

Ratio Decidendi

Rule 15 applies to the Reference but Blackmore lacks the requisite direct interest in the precise outcome to be added as a party; his participation, while potentially useful, is not necessary for effective adjudication and adding him would convert the reference into an adversarial proceeding. Advance costs are refused because the Reference will proceed without him, he did not meet the strict evidentiary threshold of impecuniosity and exhaustively exploring other funding options, and the extraordinary three‑part test from Okanagan Indian Band and Little Sisters is not satisfied.

Court Disposition

Application to be added as a party dismissed; application for advance costs dismissed; Blackmore and his congregation granted interested person status on same terms as other interested persons

Orders

  • Applicant Winston Blackmore and those he represents may participate as interested persons on the same terms and conditions as the other interested persons (rights to adduce evidence by affidavit/expert reports/Brandeis briefs on schedule, make written submissions of length to be determined, make oral submissions of...
  • All other relief sought by Blackmore (party status and interim costs) is refused