Test polygamy in court first, A-G told
 Lawyer advises there's no point charging Bountiful polygamists until constitutionality of the law has been determined
 
By Darah Hansen and Jonathan Fowlie
Vancouver Sun
 
There's no point charging alleged abusers in B.C.'s polygamous community of Bountiful until the courts rule on the constitutionality of polygamy itself, a senior Vancouver lawyer has concluded.

"[This] is not an attempt to dodge or delay dealing with the problems in Bountiful," Leonard Doust wrote in a special report to the criminal justice branch in the Attorney-General's Ministry, which was made public Monday.

"On the contrary, it is the swiftest, most effective and fairest way of beginning to address them."

Doust's opinion marks the second time a lawyer hired by the government has recommended the constitutionality of the polygamy law be tested in court.

Special prosecutor Richard Peck came to the same conclusion last year after he was appointed by Attorney-General Wally Oppal to look into the issue.

The constitutional question hinges on whether the Charter of Rights and Freedoms offers protection to polygamists on the basis of religion and freedom of expression.

Bountiful is home to about 1,500 fundamentalist Mormons who practise a polygamist lifestyle.

But critics say the community is rife with abuse, with young women in their teens forced to marry much older men.

Oppal said Doust's finding was not what he had been hoping for.

"It's no secret that I favoured a more aggressive approach to this," Oppal said.

"But I'm mindful of the opinions given by two highly respected and knowledgeable lawyers," he said, adding he was not surprised by the recommendation.

"These are two opinions given by two of the best lawyers in the province who deal with this type of work. We'll have to think about what our next step will be," he added.

Oppal said he hoped to have a decision on what direction to take "within the next week or so."

NDP attorney-general critic Leonard Krog said he thinks the decision is clear, and that prosecution is the only answer.

"You cannot tell me the average British Columbian is pleased by the prospect of a continuation of the sexual exploitation of children in this province under the guise of polygamy and religious freedom," he said.

"A prosecution would send a message that we find it absolutely unacceptable in British Columbia to have children being married off to old men," he added.

When asked by reporters why an NDP government had not done something about the problem when the party was in power, Krog acknowledged that was a mistake.

"No excuse. The fact is, I think steps should have been taken then, notwithstanding the legal opinion around this issue," he said.

"Society sends a message through prosecution and law enforcement, and surely the message on this issue must be that we do not tolerate the exploitation of children."

Polygamy in Canada is illegal -- it was banned in Canada in 1890 -- but prosecutions are rare.

dahansen@png.canwest.com

jfowlie@png.canwest.com
 
canada.com
Originally published Tuesday, April 8, 2008
 
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