Attorney-general appoints special prosecutor in Bountiful case
 
By Suzanne Fournier
The Province - Vancouver, BC
 
Anti-polygamy activists were outraged yesterday to learn that B.C. Attorney-General Wally Oppal appointed a special prosecutor to review possible charges against members of the Bountiful polygamist community.

Lawyer Richard Peck is to decide "by the end of this month" whether criminal charges would stand up in court and whether a B.C. prosecution of polygamous practices could withstand a constitutional challenge.

"I have to take a responsible role in this, before any charges are laid, [to ensure that] they meet our stringent standards," said Oppal.

But the additional delay, after two decades of public complaints and police investigation, infuriated activists.

"The continuing prevarication regarding Bountiful is bewildering - underage girls have been ordered into sexual unions and impregnated - that's rape," said Jancis Andrews, a Sunshine Coast activist.

Andrews said Bountiful is treated "as if it's a sovereign country, entitled to disobey Canadian law."

"One can only hope justice will be done and charges against the sexual exploiters of Bountiful will be laid."

The RCMP investigated Bountiful for at least two years and reported to prosecutors in the fall of 2006.

Four senior prosecutors gave Oppal their opinion in early May.

Now, Oppal said, Peck will consider "any and all potential criminal or quasi-criminal charges including, but not limited to, polygamy and any other offence of a sexual nature."

Oppal said he would expect "a firm opinion [from Peck] by the end of this month," but added hastily "there's no time constraint and no timelines placed on Mr. Peck. We know the file is voluminous."

But Oppal also admitted "that there is some concern the religious rights of a particular sect or a particular person will trump any right to prosecute."

Oppal noted that although polygamy is illegal in Canada and may appear to violate the Charter rights of some individuals, especially young women who may not freely choose marriage to a much older man, followed by years of childbearing, it is anticipated that polygamists will raise a constitutional freedom-of-religion defence.

Nancy Mereska, an Alberta woman who left a polgyamous marriage and now runs an Internet-based anti-polygamy network, called Oppal's appointment of a special prosecutor "shameful."

"It prolongs the incredible suffering of the women and children caught in the polygamy net of Bountiful," said Mereska.

"It gives these women and children the message that we know there are concubines, disowned young boys, the illegal practice of polygamy in this cult, but we must tiptoe around by having yet another type of investigation."

Oppal said that criminal charges are more likely to stick if witnesses will testify in open court.

He said "there have been many allegations and rumours swirling around what is alleged to have taken place in Bountiful for the past number of years."

But he added that because "witnesses have given interviews to police doesn't mean they would be good witnesses in court.

"I'd like Mr. Peck to take a look at whether their testimony would withstand scrutiny in a courtroom."

Oppal said he is confident that Peck's 30 years of legal experience have given him enough constitutional expertise.

There are about 1,000 people in the breakaway Mormon sect near Creston who openly practise polygamy, with a self-styled "bishop of Bountiful" named Winston Blackmore, who has at least 26 wives and more than 100 children.

A woman who answered the phone at Blackmore's residence said he was "out of town" and his cellphone was "broke." She said she was "just minding kids" and was a relative of Blackmore but not one of his wives.

sfournier@png.canwest.com
 
canada.com
Originally published Thursday, June 7, 2007
 
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