No sex-abuse charges to be laid against Bountiful sect
Elaine O'Connor, The Province
Published: Thursday, August 02, 2007

No charges of sexual assault will be laid against members of Bountiful's polygamist sect, following a review of allegations of sexual abuse by a special prosecutor.

Attorney-General Wally Oppal may now decide to let the courts rule on the constitutionality of the law against polygamy, in the wake of lawyer Richard Peck's review.

Oppal asked Peck to do the review over concerns that charges of sexual abuse might fail a constitutional challenge by infringing on the Charter right to religious freedom.

Peck suggested the government seek clarification with a reference question to court.

"We are . . . examining Mr. Peck's opinion and we hope to have a final decision rendered shortly," Oppal said yesterday.

If the polygamy law were struck down, it could open the doors to other offences committed in the name of religion. Oppal does not believe Canadians would stand for that.

"There have been some opinions rendered by a number of people that the freedom of religion would trump any sections in the criminal code. I personally disagree with that," Oppal said.

"My disagreement is based on the fact that I don't think Canadians would condone polygamy. I think that Canadians would find it abhorrent and contrary to equal treatment for women."

RCMP recommended charges in 2006, after an investigation into allegations that members of the Fundamentalist Church of Jesus Christ of Latter-day Saints at the Bountiful commune in southeast B.C. were forcing underage women into arranged marriages and motherhood with much older men.

Crown counsel concluded that charges should not be laid because there was little likelihood of conviction: Few girls would testify against their husbands.

The religious sect decrees men must marry multiple wives to get into heaven. Winston Blackmore, one of the leaders, has at least 26 wives and 100 children.

Polygamy is illegal in Canada but cases are rarely prosecuted.

"The legality of polygamy in Canada has for too long been characterized by uncertainty," Peck wrote in his review. "The integrity of the legal system suffers from such an impasse, and an authoritative statement from the courts is necessary in order to resolve it."

Jancis Andrews, a Sechelt anti-polygamy activist, was upset by the lack of charges but cheered by the prospect of a court ruling.

"We have been howling for this," said Andrews. "This has to be done because this drift cannot be allowed to continue.

"There are so many research papers now that say polygamy harms women's equality rights and also harms their children."

eoconnor@png.canwest.com © The Vancouver Province 2007