A lawyer for Winston Blackmore, who once faced polygamy charges in B.C., says a court review of Canada's polygamy laws won't be able to assess the issue properly without Blackmore's participation.

Blackmore is a leader of the polygamous community of Bountiful, and is seeking government funding to participate in a B.C. Supreme Court case that will consider whether Canada's polygamy laws violate the Charter of Rights.

His lawyer, Joe Arvay says while the province claims the case will examine polygamy across Canada, most of the attorney general's arguments filed with the court are exclusively about Bountiful.

He says Blackmore needs funding and full party status at the trial, expected to be heard in November, or he won't participate at all.

Arvay says without Blackmore's participation, the court will be unable to properly determine what goes on in Bountiful and how its residents are affected by polygamy and the law.

Blackmore and another leader in Bountiful, James Oler, were charged last year but the case was thrown out, prompting the province to ask the court to determine whether the law is constitutional.