The Vancouver Sun - Canada April 6, 2011
Bountiful's girls deserve same decisive action accorded to sled dogs
For nearly two decades, B.C. has failed to help these victims; it's time the attorney-general stepped up
By Daphne Bramham, Vancouver Sun
A hundred sled dogs were killed when a Whistler business went bad. The B.C. government almost immediately set up an inquiry, and have backed its recommendation that stringent animal-cruelty legislation is needed.
Pity that there's never been that kind of fast and decisive action when it comes to vulnerable children in Bountiful.
After nearly two decades of dithering, out of fear that Canada's polygamy law is unconstitutional, B.C. initiated a reference case to determine the law's validity. It is now lumbering through the B.C. Supreme Court, en route, no doubt, to the Supreme Court of Canada in a few years from now.
Evidence in the case has revealed established patterns of trafficking, sexual exploitation and forced marriage -all of which supports allegations that have been made for decades against the fundamentalist Mormon community.
It also reveals a pattern of six decades of government "acquiescence," said Cheryl Milne of the Canadian Coalition for the Rights of Children last week in her closing argument.
The government failed to protect the rights of Bountiful's children and continues to do so, she said, all in violation of international conventions on children's rights.
B.C. Attorney-General Barry Penner said in an interview that he was "shocked and disturbed" when he saw his ministry's list of 31 underage girls, along with their birth dates, wedding dates, the names and birthdates of their husbands, and the names of the fathers or brothers who allegedly trafficked them into the United States or brought them illegally to Canada.
But lawyers in his ministry and the Ministry of Children and Family Development knew about one of those girls -a 13-year-old -in 2008. That information was in the file that was reviewed by ministry lawyers as well as a special prosecutor. No criminal charges were laid.
There's other disturbing evidence. In 20 years, only 20 students have graduated with a high-school certificate from the two schools in Bountiful that receive nearly $2 million a year in government funding. Only 12 Bountiful residents have received adult equivalency certificates.
Witnesses for the attorney-general testified during the reference case that at 15 and 16 they were put to work for substandard wages, sometimes without proper safety equipment.
When Penner became aware of the list of underage brides last month, he asked RCMP to investigate.
But there's been no extra money allocated for the police investigation -just as there was no money allocated in 2004, when Geoff Plant was attorney-general and asked RCMP to investigate Bountiful. That time, it took nearly six months before RCMP had investigators in place.
Penner won't comment on the list. He doesn't want to prejudge the police investigation or speculate as to what lawyers in his ministry's criminaljustice branch might decide to do if RCMP recommend charges.
The attorney-general also didn't want to comment on a rather chilling paragraph in his ministry's written closing argument in the reference case: "Even with such compelling documentary evidence, there still remains a question of whether the crimes detailed could ever be prosecuted," it says. "Without the cooperation of the victim, it is virtually impossible to prove sexual contact as an element of exploitation or assault, unless the girl becomes pregnant while still a teen."
Penner said he didn't want to "usurp" the advice of his staff, but added that in his experience as a lawyer it's always better to have a witness.
But here's a thought: Subpoena some witnesses.
Even the FLDS witnesses who testified anonymously in the reference case provided evidence of the established patterns of abuse.
An American testified that she became the plural wife of a prominent Bountiful man in his 40s just a week after her 17th birthday. She lied to Canadian immigration officials at the border, handing them a letter from her parents saying that she was coming to visit relatives.
Six months later, she told the court, her husband crossed the border again with a 15-year-old American bride.
Another witness told of her own arranged marriage at 16 and explained why she agreed to her daughter's marriage at 15. The choice, the mother said in court, was to let her daughter marry a young man she cared for or risk having her assigned to an older man whom she might not even know.
The B.C. attorney-general has expressed the same shock and horror as his predecessors, over the decades, when faced with the allegations about Bountiful.
Penner, no doubt, is sincere. Some of his predecessors were as well.
But like the others, he will be judged by his action -or lack of it.
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