A special prosecutor has concluded that there is not enough evidence to bring sex abuse charge against members of the Fundamentalist Mormon colony at Bountiful.  Instead, Richard Peck has advised BC Attorney-General Wally Oppal to seek a judicial review of Canada's polygamy statute.

Richard Peck, a Vancouver lawyer, ruled out criminal charges, but called for a reference question on Section 293 of the Criminal Code to the British Columbia Court of Appeal. He added in the text of a report released to the news media that there would be "a probable further appeal to the Supreme Court of Canada."

"My view is that the public interest will best be served by an authoritative and expeditious judicial resolution of the legal controversy surrounding polygamy," he wrote.

"The legality of polygamy in Canada has for too long been characterized by uncertainty. 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."

Even though young teenage girls have been married to much older men at the colony, charges of sexual abuse or sexual exploitation would likely fail in court because the girls maintain that they consented to the relationships.  Some even claim they were the aggressors.

"The real issue here is that the number of so-called complainants that we have have all told us that they consented to the act that took place," Oppal said.

At the time the incidents are alleged to have taken place, the age of consent was 14, though it's now been raised to 16.

"We really have no case as far as sex assaults are concerned," Oppal said.

Lawyer Peck and former BC appeal court judge Oppal both take the view that the polygamy law does not violate religious freedom.

The judicial review, assuming it goes ahead, will likely end up in the Supreme Court of Canada.  That could take years.  By then, the sexual abuse charges could be re-considered under Canada's new, higher age of consent.

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