Vancouver, Canada - There's no point in criminally 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 ministry of Attorney General, made public Monday. "On the contrary, it is the swiftest, most effective and fairest way of beginning to address them."
Doust's opinion represents 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 being appointed by Attorney General Wally Oppal to look into the issue.
The constitutional question hinges on whether the charter offers protection to polygamists on the basis of religion and freedom of expression.
Bountiful is home to about 700 fundamentalist Mormons who practise a polygamist lifestyle. But critics say the community is rife with abuse - where young women in their teens are forced to marry much older men.
On Monday, Oppal said Doust's finding was not what he was hoping for.
"It's no secret that I favoured a more aggressive approach to this, but I'm mindful of the opinions given by two highly respected and knowledgeable lawyers," he said.
Oppal said he hoped to have a decision on what direction to take "within the next week or so."
In response, New Democratic Party attorney general critic Leonard Krog said 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.
Polygamy in Canada is illegal - it was banned in Canada's first Criminal Code in 1892 - but prosecutions are rare.