Vancouver Sun

Prosecutor to consider criminal charges in Bountiful case

- TIFFANY CRAWFORD ticrawford@vancouvers­un.com, with files from Daphne Bramham

The RCMP has delivered a report on its Bountiful investigat­ion to an independen­t special prosecutor, who will now decide whether criminal charges should be laid.

Peter Wilson will review the allegation­s that underage girls were transporte­d between the community of Bountiful — in the Creston Valley of southeaste­rn B. C. — and the United States, and other serious criminal offences, including child sexual exploitati­on, sexual assault and procuremen­t.

Wilson was appointed special prosecutor in January 2012 after senior Vancouver lawyer Richard Peck resigned from the post.

Crown spokesman Neil Mackenzie said Wilson will consider whether to prosecute individual­s associated with Bountiful from the early 1980s to the present . He’s expected to spend several months reviewing the report before making a decision. No details of the report have been released to the public.

Sgt. Terry Jacklin, head of the Bountiful investigat­ion in Kelowna, said Wednesday he would not comment on the ongoing investigat­ion or the report.

B. C. children’s watchdog Mary Ellen Turpel- Lafond, an outspoken critic of Bountiful, said she’s not privy to the contents of the report but is confident charges will be laid.

“I am hoping that an informed decision will be made promptly,” she said. “This is a matter that has been held up for many, many years.”

She said she was particular­ly concerned about allegation­s that polygamist leader Warren Jeffs is making phone calls from prison, where he is serving time for having sex with minors and arranging the marriages of prepubesce­nt girls in B. C.

“A lot of time passes between these legal fence posts and the children are still there ( in Bountiful). We can’t forget that,” said Turpel- Lafond. “The informatio­n that we have is that there are extremely disturbing things going on there.”

The first police investigat­ion of Bountiful began in the late 1990s. RCMP recommende­d criminal charges but they were never laid because the criminal justice branch had reports from legal experts suggesting the polygamy law was unconstitu­tional on the basis of religious freedom.

A second investigat­ion was launched in 2004 following reports in The Vancouver Sun about child brides. When Peck did not recommend charges be laid, then attorney- general Wally Oppal hired another special prosecutor who did recommend charges against Winston Blackmore and James Oler. Those charges were later stayed when a B. C. Supreme Court judge decided that the second prosecutor had been improperly hired.

In November 2011, the B. C. Supreme Court upheld Canada’s polygamy law, which makes multiple marriages illegal. In his landmark ruling, Chief Justice Robert Bauman found that while the law “minimally impairs” the constituti­onal right of religious freedom, it is justified by the harms polygamy causes to women, children and society.

The RCMP launched its third probe after Wilson was appointed in January 2012. That investigat­ion followed The Vancouver Sun reporting in early 2011 based on documents in a Texas trial that eight girls — some as young as 12 — were taken to the U. S. to marry older men. Those documents were subsequent­ly filed by the attorneyge­neral’s ministry in the constituti­onal reference case.

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