B.C. Supreme Court has awarded a default judgment in a case that put B.C.’s controversial fundamentalist Mormon bishop Winston Blackmore before the courts again, this time on allegations he sexually abused a woman when she was a “young child.” A default judgment is awarded when a defendant does not respond to a notice of civil claim.
The suit alleged 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.
The case now moves forward for an assessment of damages.
Rebecca Leah McKinlay 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 was “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 claims the alleged abuse against McKinlay “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.
Before the default judgment for McKinlay was entered by court deputy district registrar N. Roberts, court files indicate repeated but unsuccessful attempts to serve the lawsuit on the defendant church.
Tara Callan with Preszler Injury Lawyers represented McKinlay.
"I can confirm that my client has obtained default judgment against the defendant," Callan said. "My client is now moving forward to get her damages assessed. Because this is a matter before the courts, the plaintiff will not be commenting further at this time."
Lawsuit service on defendant
As part of affidavits in the file, Preszler included the B.C. Registry Services company summary for the church. That document noted the church has not filed a company report since Nov. 13, 2020. The company was dissolved for failure to file Sept. 30, 2024, a B.C. Registry Services document attached to an affidavit in the court file said.
The address for the company is at the Bountiful commune just outside of Creston.
Winston Blackmore is listed among the directors.
The law firm attempted service of court documents twice via courier to a Cranbrook address but the shipment was returned. An affidavit from law firm paralegal Krystal Lau said the firm then sent documents for service to a Creston address where Jeffrey Blackmore accepted personal service of the documents for the defendant.
The affidavit said that, as of Feb. 5, there had been no defendant response to the civil claim filed and nor had the firm received any correspondence or response to the claim from the defendant.
The decision said the church had failed to file and serve a response to the notice of civil claim.
As such, the court ordered that the church pay McKinlay damages that are to be assessed.
Affidavits in the court file include the registration for the church with directors in southeastern B.C. and Idaho.
The claim asserted 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.
None of the allegations were proven in court.
Because Blackmore was not named as a defendant, it was not clear whether he would have an opportunity to file a defence responding to the allegations.
There is nothing in the court file from Winston Blackmore.
Lodestar Media has reached out to the family to speak with Winston Blackmore multiple times without success.
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 2002 by that group's leader, Warren Jeffs.
Oler was the bishop of Bountiful's FLDS community, and loyal to Jeffs. Blackmore’s expulsion from the church created 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 American 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
McKinlay 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.
