| Polygamy review | |
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By Kelly Sinoski Vancouver Sun | |
B.C.'s Attorney-General has appointed power lawyer Leonard Doust - who was one of 17 lawyers on the Air India prosecution team - to review a report on allegations of misconduct in the polygamist community of Bountiful. Wally Oppal directed the Criminal Justice Branch on Friday to retain Doust to review the decision of special prosecutor Richard Peck. Last month Peck recommended that no criminal charges be laid in connection with the investigation. Peck was appointed by Robert Gillen to determine whether there were potential charges relating to polygamy, or any offence of a sexual nature. In his decision last month, Peck said there was not a "substantial likelihood of conviction" on charges of sexual exploitation in connection with Bountiful. He also considered other sexual and marriage-related offences, but determined none of them was applicable, the report said. Oppal wasn't available Friday, but Shawn Robins, a spokesman for the Ministry of the Attorney-General, said Oppal ordered the appointment to determine whether there is a basis to proceed with criminal charges. He couldn't say if a minister has made such an order before but said it's "the minister's prerogative." "It speaks to the minister's serious intent in wanting to deal, one way or another, with the issue at Bountiful," Robins said. "It is his hope, perhaps, that this bears review. "The minister has said he really respects Mr. Peck's views and judgment but there's some possibility of intent here." In his decision, Peck said a prosecution would likely face a number of obstacles and should instead be referred to the B.C. Court of Appeal to deal with the root issue of polygamy. "My view is that the public interest will best be served by an authoritative and expeditious judicial resolution of the legal controversy surrounding polygamy," he said. "The legality of polygamy in Canada has for too long been characterized by uncertainty." Bountiful is home to about 700 fundamentalist Mormons who practise a polygamous lifestyle, which is illegal in Canada. In 2005, Doust was called in to examine whether criminal contempt charges were warranted against the striking B.C. Teachers' Federation members and represented former Canuck Todd Bertuzzi. ksinoski@png.canwest.com | |
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canada.com Originally published Friday, September 7, 2007 | |
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