T. Robertson appointed Special Prosecutor, Bountiful Case
June 2, 2008Special prosecutor appointed in Bountiful case
Staff Reporter, The Province
Published: Monday, June 02, 2008
VICTORIA -- Special prosecutor Terrence Robertson has been retained to conduct a charge assessment regarding allegations of misconduct involving individuals associated with the polygamous community of Bountiful.
On May 28, Robert W.G. Gillen, the assistant deputy attorney-general responsible for the Criminal Justice Branch, received written directions from Attorney-General Wally Oppal.
"As I disagreed with Mr. Peck's decision not to prosecute allegations of polygamy, I directed that Mr. Leonard T. Doust be appointed as Crown Counsel to review Mr. Peck's analysis with a view to determining the viability of a prosecution," Oppal wrote.
Mr. Doust also concluded that a reference was the preferable means by which to proceed. As he also concluded that a prosecution would be unfair, he declined to prosecute the polygamy allegations during our discussions on May 2, 2008.
"I disagree with Mr. Doust's conclusion that a prosecution would be unfair.
"It is my opinion that the Criminal Justice Branch is mistaken in its belief that s. 293 of the Criminal Code of Canada is unconstitutional. Both Mr. Doust and Mr. Peck believe s. 293 to be constitutionally valid legislation. A valid criminal law is and should be enforced. To do so is appropriate and is not unfair.
"Therefore, pursuant to Section 5 of the Crown Counsel Act, this letter is my directive to you to retain the legal services of Mr. Terrence Robertson to conduct a charge assessment of the most recent police investigation into polygamy in the community of Bountiful. He is to apply the Criminal Justice Branch charge approval policy as it relates to Section 293 of the Criminal Code of Canada and any other Code provisions. The policy requires first, a determination of whether there is a substantial likelihood of conviction based on the available evidence, and if so, whether it is in the public interest to proceed with a prosecution. If he concludes that charges should be approved, he is to conduct the prosecution and any appeals which may arise from those proceedings.
"As you may designate him to be either Crown Counsel pursuant to Section 4(1) of the Crown Counsel Act or as special prosecutor pursuant to Section 7 of the Crown Counsel Act, I leave that designation selection for your determination."
Gillen appointed Robertson Monday. His mandate as special prosecutor includes:
- Conducting an independent charge assessment review based on the results of the RCMP investigation, the materials assembled by the Criminal Justice Branch and any other information that the investigating officers may provide to him;
- Offering such legal advice as is necessary to the police in the event that further investigation by them is required;
- Providing the assistant deputy attorney-general with a written report setting out his charge assessment decision; and
- If in his view a charge is warranted, conducting the prosecution and any subsequent appeal.
© The Vancouver Province 2008
