Lawyers for two B.C. men charged with having multiple wives are planning for a jury trial — if they can’t have the case tossed out before then.
The lawyers for accused polygamists Winston Blackmore and James Oler have two applications before the courts to stay the proceedings before the precedent-setting case even goes to trial.
And Joe Arvay, Blackmore’s lawyer, also has a constitutional challenge up his sleeve for the preliminary hearing if the first applications don’t work.
Both accused are religious leaders from the tiny community of Bountiful, in southeast B.C., where they belong to the Fundamentalist Church of Jesus Christ of Latter Day Saints.
Blackmore is alleged to have 19 wives, Oler three.
Their sect believes that a man has to have at least three wives to get to heaven.
Documents filed by Arvay with B.C. Supreme Court says Crown disclosures allege about 25 per cent of the 1,500 residents of Bountiful live in a polygamous relationship.
On Friday, Arvay told the court he has two applications that may prevent the trial from going forward.
"Part of it goes to the claim that there’s the perception of interference by the attorney general in this prosecution," Arvay said, referring to B.C. Attorney General Wally Oppal’s push for criminal charges in the case.
The documents show that several of the province’s best legal minds, dating as far back as 1992, recommend against attempting to prosecute Bountiful leaders because they felt the polygamy law was unconstitutional.
Source/Full Story: CTV.ca