Globe and Mail - Canada
IAN BAILEY
August 3, 2007
VANCOUVER -- Premier Gordon Campbell says his government is taking a measured approach to dealing with allegations of sexual abuse among polygamists in the community of Bountiful by ruling out criminal charges and considering a move to test Canada's anti-polygamy law in the courts.
"No one is letting it slide," the Premier said yesterday, backing up B.C. Attorney-General Wally Oppal.
Mr. Oppal is considering a special prosecutor's proposal to seek a reference on the constitutionality of the law first from the B.C. Court of Appeal and then the Supreme Court of Canada.
"What we're trying to do is make sure we act both appropriately and we act within the law," Mr. Campbell told reporters after an event unrelated to the polygamy controversy.
Mr. Campbell said of the court option that "a reference is the only route we can go that is likely to have any kind of success. It may take some time."
Mr. Oppal has yet to commit to going to court, suggesting instead that he is considering the special prosecutor's proposal. The special prosecutor had recommended the idea after studying the issue and concluding there was not "a substantial likelihood of conviction" if charges were laid over Bountiful.
The Crown previously ruled out prosecutions in 1990 and 2006, concluding the polygamy law might be struck down as an unjustifiable infringement on religious freedoms, and also expressing concerns over the evidence at hand.
The NDP this week expressed concern for the safety of children in Bountiful and urged the Liberal government to go to the courts as soon as possible.
"There has been plenty of talk about this issue, and it's time for action. It is absolutely unacceptable for this situation to continue," Leonard Krog, the NDP critic for the Attorney-General, said in a statement.
But the Premier did not easily accept the criticism, noting the NDP had a decade in government to deal with Bountiful before the Liberals were elected in 2001.
"The fact of the matter is we can always have these glib comments from a group that was there for 10 years, and knew this was taking place," he said.
"Our government has taken it seriously and we have acted responsibly. The Attorney-General has done, I think, a very good job of handling this in a way that reflects the values we have as a community."
Bountiful, located in southeastern B.C., is a community of members of a Mormon sect where men have allegedly married several women at one time, raising concerns about sexual exploitation, particularly of those in their teens.
Polygamy is illegal in Canada, but Richard Peck the special prosecutor, noted that prosecutions have been rare.
Mr. Oppal has described action on the file as a priority, but conceded prosecutions might be a challenge because some women perceived as victims might suggest in court that they are not.
Law professor Janine Benedet of the University of British Columbia says the court option would delay any action on the file for quite some time.
It could take months to get the case into the Court of Appeal, and years before the Supreme Court dealt with the matter, she said. "If you're talking about something that goes to the B.C. Court of Appeal and then the Supreme Court of Canada, inherently that's not going to be finished in six months," she said.
Prof. Benedet, who specializes in criminal law and sexual-equality law, said she found the timing of the proposed options strange because consulting the courts could have been done any time in the six years the Liberals have governed.
http://www.theglobeandmail.com/servlet/story/LAC.20070803.BCBOUNTIFUL03/TPStory/National
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