Getting a conviction worries attorney-general
 It may be difficult to get witnesses to testify as well as evidence
 
By Michael Smyth
The Vancouver Province
 
Attorney-General Wally Oppal may have earned the nickname "Stonewally" for his recent zip-the-lip act, but the A-G has been anything but silent when it comes to the polygamist commune in Bountiful.

Ever since he left the B.C. Appeal Court bench to enter politics, Oppal has been openly gunning for criminal charges to be laid in the Bountiful case.

"It smacks of slavery," he said of the polygamist sect shortly after being sworn in as attorney-general in 2005.

"I'm not content to sit back and do nothing."

Doing nothing is pretty much the approach a long string of B.C. governments has taken toward the 60-year-old breakaway Mormon sect, which openly flouts Canada's law against men taking multiple wives.

Oppal assured he would take a more aggressive approach. And as the RCMP began investigating -- again -- he didn't hide his determination to bring the hammer down on Bountiful's leaders.

"We are optimistic that something will happen soon," he said nearly a year ago. "We've got our fingers crossed."

It's unusual for an attorney-general to comment so openly on an investigation before charges have even been laid.

It may explain why the government appointed an independent special prosecutor to take over the file yesterday.

It also explains why Oppal seems so frustrated at the continuing delays. "Stonewally" is running into some stone walls of his own.

He revealed yesterday that prosecutors are worried about charges being tossed out of court on freedom-of-religion grounds. But is that what's really holding him back?

Some constitutional-law experts, including former federal justice minister Irwin Cotler, now believe polygamy charges would survive a Charter challenge.

And Oppal himself said in 2005 that he thinks it's time the issue was tested in court: "I would like to take a run at it."

The bigger problem for Oppal may be the iron curtain that's drawn around the Bountiful commune. Sect members are taught from an early age to keep its secrets and fear the outside world.

So even though criminal charges other than polygamy might be pursued (sect leader Winston Blackmore has admitted marrying at least two girls under age 16), securing witnesses and evidence is another matter.

There's also the question of whether criminal charges against the male leadership of the commune would do anything to help the hundreds of women and children they control.

As Oppal wrestles with these challenges, I hope he doesn't lose his previous passion for justice in this case.

Bountiful's victims need him more than ever.

Listen to Nightline B.C. with Michael Smyth every weeknight at 7 on CKNW, AM 980 E-mail: msmyth@direct.ca
 
canada.com
Originally published Thursday, June 7, 2007
 
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