Blackmore named in lawsuit

B.C.’s controversial fundamentalist Mormon bishop Winston Blackmore is once more facing the courts, this time in allegations he sexually abused a woman when she was a “young child.”

The suit alleges Blackmore committed sexual abuse, sexual battery and sexual assault. It claims the church is vicariously liable for the actions as Blackmore, 68, was bishop at the time of the alleged abuse.

Rebecca Leah McKinley filed a notice of civil claim in B.C. Supreme Court on Nov. 18 and filed an amended notice on Nov. 20. It names the Church of Jesus Christ (Original Doctrine) Inc. doing business as Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) as the defendant.

However, it’s “perpetrator” Blackmore’s alleged actions that are the focus of the document. He is not named as a defendant in the claim, and the allegations against him are unproven.

“In or about the years of 1968 to 1981, the perpetrator used the position of power granted by the defendant to prey upon the plaintiff, be a party to sexual and emotional assault of the plaintiff, and/or direct, aid, and abet other members of the church to sexually, physically, or emotionally abuse the plaintiff,” the suit alleges.

The suit says the alleged abuse against McKinley “occurred on a repeated basis, increasing in frequency, nature and intensity as time progressed.”

The suit alleges Blackmore used his position of authority and trust to ensure the child kept quiet. 

“In order to facilitate abuses, the perpetrator engaged in a pattern of behaviour which was intended to make the plaintiff feel that it was unsafe to report the wrongdoings of the perpetrator and/or other members of the church,” the suit said.

“The perpetrator wilfully and/or negligently inflicted pain and suffering, mental suffering, humiliation, and degradation upon the plaintiff, sexually assaulted or caused others to sexually assault the plaintiff and interfered with the plaintiff’s normal childhood and future relationships solely for the purpose of his own gratification,” the lawsuit said.

The claim asserts the church had a duty to protect the child but said the church’s rules, principles and policies created an opportunity for Blackmore to exert power and authority over the child.

The suit alleges Blackmore was acting as the church’s bishop and using those rules, principles and policies “to further his abuse.” 

The suit further asserts the church knew of the abuse and did nothing.

It claims the church failed in its duty to protect the plaintiff, failed to discipline Blackmore for his shortcomings as a bishop, had no system in place for reporting ”deviant sexual behaviour,” covered up the behaviour, failed to warn McKinley and others of his propensities, allowed McKinley and other children to be alone with Blackmore, failed to investigate him once it knew there were issues and failed to counsel McKinley once it allegedly knew of the claimed behaviour.

“The defendant was negligent and failed in its duty to the plaintiff and created the risk of sexual assault that led to and allowed the perpetrator to sexually assault the plaintiff,” the claim alleges.

None of the allegations have been proven in court. The FLDS has not yet filed a defence to the allegations. Because Blackmore is not named as a defendant, it is not clear whether he will have an opportunity to file a defence responding to the allegations.

Neither Blackmore nor a church representative could be located for comment. The number for his company, J R Blackmore & Sons Ltd., is out of service. Glacier Media did speak with one of Blackmore’s sons to get a message to his father. Glacier Media did not hear from Blackmore by publication time. The article will be updated if and when Blackmore responds.

The Cranbrook address last listed for the church in the claim is a lawyers' practice. Glacier Media has reached out to the firm for comment.

The polygamous commune

The commune of Bountiful doesn’t exist on maps. It’s located east of the East Kootenay town of Creston, not far from the international border with the state of Idaho.

The town and its inhabitants — particularly Blackmore and competing bishop James Oler — have been in and out of the public eye for years.

Blackmore once ran the Canadian arm of the Utah-based FLDS but was ejected in 2003 by that group's leader, Warren Jeffs.

Oler was the bishop of Bountiful's FLDS community, and loyal to Jeffs. Blackmore was expelled from the church in 2002, creating a schism in the community.

Jeffs is serving a life sentence in Texas for child sexual assault following two 2011 convictions.

In one case, Emily Ruth Gail Blackmore was found guilty in 2017 of transporting M.M.B., a 13-year-old girl, from Canada to be married to Jeffs. The girl was “ordinarily resident in Bountiful, British Columbia,” B.C. Court of Appeal Justice Mary Saunders said in an August 2018 decision.

Oler was acquitted on the same charge but B.C.’s Court of Appeal later overturned that decision and a new trial was ordered.

“Mr. Oler removed his 15-year-old daughter C.E.O. from Canada where she was ordinarily resident and transported her to Mesquite, Nevada, United States, for the purpose of marriage,” B.C. Supreme Court Justice Martha Devlin ruled Aug. 29, 2018.

The fundamentalists split from the main Church of Jesus Christ of Latter-Day Saints (Mormons) early in the 20th century. The main church had renounced polygamy with which the fundamentalists disagreed and a split in the church occurred.

The FLDS flourished in a remote enclave called Short Creek, on the border of Utah and Arizona.

While many of Bountiful’s residents are related or have the same last name, followers of the two leaders became splintered and were not allowed to talk with each other.

Oler and Blackmore were arrested in January 2009 and charged with polygamy. They were found guilty in 2017 following constitutional wrangling. Blackmore got six months' house arrest and 12 months’ probation. Oler received three months’ house arrest and a year’s probation.

Blackmore married his first wife in 1975. Both were 18.

“I found that Mr. Blackmore married 24 other women in FLDS celestial marriage ceremonies between 1982 and 2001,” Justice Sheri Ann Donegan ruled in June 2018.

Those convictions followed a constitutional reference case to determine the constitutionality of the anti-polygamy law. Then-B.C. Supreme Court Chief Justice Robert Bauman found polygamy was illegal. The reference came after B.C.’s attorney general asked the court to determine if the section of the Criminal Code of Canada barring polygamy was consistent with the Charter of Rights and Freedoms.

Canada's Parliament first enacted the criminal ban on polygamy in 1890.

Bauman ruled the criminal ban against polygamy only minimally impairs religious rights and should be upheld.

"For fundamentalist Mormons, polygamy is a fundamental spiritual principle through which they fulfill God’s plan," Bauman said.

The chief judge said while the law infringed on religious freedom, it was justified given the harm polygamy causes to society, children and women.

Damages claimed

McKinley is claiming damages for:

• physical pain;

• post-traumatic stress disorder;

• mental anguish;

• nervous shock, humiliation, degradation;

• shame, guilt, low self-esteem and feelings of worthlessness;

• depression;

• anxiety;

• psychological injuries;

• sexual dysfunction;

• insomnia;

• mistrust of authority figures;

• mistrust of men;

• loss of enjoyment of life;

• inability to engage in normal relationships;

• nightmares and night terrors; and other issues.

“The conduct of the defendant . . . was harsh, high-handed and malicious, and, as such, should be punished with aggravated, exemplary and/or punitive damages,” the claim said. As with the plaintiff’s other claims, the alleged damages have not been proven in court.

The case was prepared by Preszler Injury Lawyers.