Americans can give B.C. tips on how to tackle polygamists
 
Editorial
The Vancouver Sun
 
It's now been almost 60 years since polygamists from the Fundamentalist Church of Jesus Christ of Latter Day Saints set up a commune in Bountiful, B.C. Despite many allegations of serious criminal activity, the commune continues to operate as it has for six decades.

But it appears that things might be changing. Last year the RCMP began an investigation, and while there's no word yet on what police have found, there's a chance charges against some commune members will eventually be laid.

To date, most of the controversy has focused on the practice of polygamy by members of the commune despite the fact that polygamy is illegal. B.C. authorities have long been skittish about laying charges for fear the polygamy law will be declared an unconstitutional infringement of the right to freedom of religion.

Although there is conflicting legal opinion on the matter, concerns about the constitutionality of the law are well-founded and partly contributed to B.C.'s decision not to charge anyone after a previous RCMP investigation recommended charges.

The Criminal Code currently outlaws the practice of marrying more than one person even if the marriages aren't recognized in law. Polygamists could argue that since their multiple marriages are recognized only by their church, the law represents a direct attack on their religion.

But just because the law might be challenged doesn't mean we shouldn't use it. After all, there is abundant evidence that polygamy hurts women and children, and if the law ultimately fails a constitutional challenge, it will be Parliament's responsibility to design a new, constitutional law to protect people from the dangers of polygamy.

While polygamy receives most of the attention, allegations made against Bountiful residents suggest there are many other charges that could be laid. This is precisely what Utah and Arizona have done: FLDS members in those states face a variety of non-polygamy charges. Most recently, American FLDS head Warren Jeffs, who is currently missing, was charged with a number of sex offences. Authorities also removed Jeffs and several other men from their positions as managers of a $100-million US trust fund.

Similar action can be taken in Canada, and Utah Attorney-General Mark Shurtleff has volunteered to travel to B.C. at his own expense to brief new provincial Attorney-General Wally Oppal on the issue.

Provided there's evidence to substantiate the many allegations, the province could charge some Bountiful men for having sex with underage girls. Although the age of consent is 14, it's a crime for an adult to have sex with anyone under 18 if the adult is in a position of authority over the young person. There have been allegations that girls under 18 have been married off to men who held positions of authority within the church or Bountiful's schools.

Those schools are publicly funded, and the province can take action against them if, as has been alleged, the schools fail to comply with the B.C. curriculum.

Further, allegations of young girls being moved back and forth across the Canada-U.S. border to marry men twice their age could lead to charges of human trafficking.

The allegations suggest that the real problem with some Bountiful members is that they're engaging in child abuse. And that's something to which we must no longer turn a blind eye.
 
canada.com
Originally published June 24, 2005
 
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