Winston Blackmore, accused of having 19 wives, shares a laugh with six of his daughters and some of his grandchildren in April 2008. Winston Blackmore, accused of having 19 wives, shares a laugh with six of his daughters and some of his grandchildren in April 2008. (Jonathan Hayward/Canadian Press)

The trial of two B.C. religious leaders charged with practising polygamy has been put off until April 22 and moved to a different town.

Winston Blackmore and James Oler have been 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.

They made their first court appearance last month. Blackmore showed up in the Creston courtroom Wednesday, but Oler sent a lawyer on his behalf who was able to have the trial postponed and moved to a new venue — Cranbrook.

Blackmore, a leader in the religious community of Bountiful in southeastern British Columbia, is accused of having 19 wives.

Oler, a rival leader in the community, is accused of having three wives. Both men face a maximum of five years in prison if convicted.

Blackmore's lawyer, Blair Suffredine, said Wednesday he still has not seen a scrap of Crown evidence against his client.

Huge legal bill

Suffredine said the court-imposed orders on his client to stay in Canada are hurting Blackmore's business interests.

He said Blackmore is going to have a hard time fighting the court case financially, because it could take a month just to argue constitutional issues alone. The polygamy case could end up costing millions.

James Oler is believed to have the backing of fundamentalist Mormons in the U.S. and therefore may not have the same financial problems.

Terry Robertson, the special prosecutor in the case, said it is time the polygamy law itself is tested.

"There have been differing opinions over the years as to the constitutionality of the law," he said. "I think it's in the public interest and the interest of the people in the community — Bountiful as well — that this matter be decided finally by the courts."

Robertson wants to have Blackmore's and Oler's cases tried together, but Suffredine doesn't see the need for that.

Suffredine said the Crown just wants to try the issue of whether Section 293 of the Criminal Code is valid.

Corrections and Clarifications

  • Police and prosecutors allege Winston Blackmore has 19 wives, not 20 as originally reported. As well, James Oler was originally alleged to have two wives but the charges were later amended to allege he has three wives. Feb. 24, 2009 | 2:05 p.m. PT