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;1 F\N cO 11 VE:'F\'

JUl 'L 1 2010


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Affidavit # 1 of Perry Kendall


Sworn July 20, 2010

No. S-097767
Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF:

THE CONSTITUTIONAL QUESTION ACT, R,SRC 1996, C.68

AND IN THE MATTER OF:

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

AND IN THE MATTER OF:

A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT IN


ORDER IN COUNCIL NO, 533 DATED OCTOBER 22, 2009 CONCERNING THE
CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA,
R.S.C. 1985, c. C-46

AFFIDAVIT - PERRY KENDALL

Ministry of Attorney General


Legal Services Branch
1301 -865 Hornby Street
Vancouver BC V6Z 2G3
Telephone: 604660-5476
Facsimile: 604660-6797

Craig Jones
Barrister and Solicitor
Affidavit #1 of Perry Kendall
Sworn July 20 th , 2010

No. S-097767
Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF:

THE CONSTITUTIONAL QUESTION ACT, R.S.B.C. 1996, C.68

AND IN THE MATTER OF:

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

AND IN THE MATTER OF:

A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT IN


ORDER IN COUNCIL NO. 533 DATED OCTOBER 22, 2009 CONCERNING THE
CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA,
R.S.C. 1985, c. C-46

AFFIDAVIT

I, Perry Kendall of Victoria, British Columbia, MAKE OATH AND SAY AS FOLLOWS:

1. I am Provincial Health Officer for British Columba, a position I have held since May 3rd ,
1999. As such I have personal knowledge of the facts herein.

2. As senior medical health officer for the province, my responsibilities under the Health Act
include:

• advising the Mfnister and senior members of the ministry on health issues in BC and on
the need for legislation, policies and practices concerning those issues;
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• monitoring the health of the people of BC;


• providing information and analyses on health issues; and
• reporting to the public on health issues, the need for legislation, a change of policy, or
practice respecting health in BC.

3. Prior to this position I held a number of positions in health and health policy in
government in British Columbia and Ontario. I participate on a number of committees at the
provincial and national level, and have been co-chair the Pan-Canadian Public Health Network
Council, an organization of senior Federal/ProvincialrTerritorial health officials, established in
2005.

4. In July 2010, I was contacted by Craig Jones, a lawyer with the Legal Services Branch of
the Ministry of Attorney General, to discuss concerns officials in government have expressed
regarding the rate of teen pregnancy in and around the reputedly polygamous community of
Bountiful in the interior of BC, and the nature of those concerns.

5. In December 2004 the Ministry received a copy of a news story in the Vancouver Sun,
written by Daphne Bramham and attached as Exhibit "A" to this Affidavit. The article was
based on Ms. Bramham's interview with Jane Blackmore, a midwife to the Bountiful community
who reported attending a large number of births by teenage mothers.

6. The report prompted a request for information from the then-Deputy Minister, Penny
Ballem. Vital Statistics produced an analysis of teen pregnancy in Creston (the Local Health
Area incorporating Bountiful, which is in itself not a legally-defined entity), that indicated higher-
than-expected numbers of births to mothers aged 14-18. Vital Statistics had then attempted to
isolate the percentage of births from teenagers living in the Bountiful community, and compare
them to the data from Creston. Vital Statistics researchers did this by identifying five family
names closely associated with the community and searching for birth records featuring those
names coupled with addresses in the communities within the Creston LHA of which Bountiful is
a part.

7. The results were reported to Deputy Minister Ballem through a Briefing Note on January
11, 2005, which is attached as Exhibit "8" to this Affidavit. The note indicated that, although
Bountiful likely accounted for between 8 and 24% of the Creston LHA population (population
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figures for Bountiful were not known, but estimated at between 1000 and 3000 persons), the five
identified Bountiful families alone accounted for 38% of the area's teen pregnancies.

8. Vital Statistics' analysis also indicated that there was a significant age gap between the
mother and father in these pregnancies, with 28% of the declared fathers being more than 10
years senior to the teenage mothers in question, and roughly half being over five years older.

9. After reviewing this conclusion I became concerned that we could not be certain about
the teen pregnancy rates in Bountiful without more information. In particular, I would have liked
information regarding the number of girls aged 14-18 in Bountiful. This is because an over-
representation of teenage girls in the community could account for, or at least offset, the much
higher numbers of teen pregnancies. Unfortunately, we were unable to obtain information on
population or demographics in Bountiful to allow us to draw more precise conclusions.

10. In the end, I could conclude only that the statistics regarding teen pregnancies showed a
higher-than-provincial-average rate of teen pregnancy in Creston, likely as a result of a higher
rate in Bountiful. This did not present a serious public health concern because most of the
health risks associated with teen pregnancy reflect the impact of a lack of prenatal care, which
was not an issue in Bountiful. A memorandum that I wrote to Deputy Minister Ballem on
February 9, 2005 is reproduced as Exhibit "e" to this Affidavit.

SWORN BEFORE ME at the City of )


Vancouver, in the Province of British )

i ~ '5::()MoQ
Columbia, this 20th day of July, 2010.

) PE~.cKl
. avits for )
)
)
Cs-t-uc ~bN.S )
Print comm~ioner's name
I
)

Bc.ullsk\ ~ SOl! u.\v.-


Title. .' ~ .
(0 () Y - {,00 - '::? 4- J (.-,
Phone Number
I

TilE VINCOUIER SUJ\


B
WESTCOAST
NEWS IAIR INDIA JRIAt:i ¥IIMDS I!P~ I~
FRIDAY. DI::CI::MSER 3. 2()O.t • ..,II v< ... <1'.n~p'r_"n""'_<6'"

Whoa, Nelly!
'Frustrating'
TransLink to
be reviewed
TlIAlSfT AUTHORITY I Province could
take it
over, transportation minister suggests
l<Y JIM IEATT'i

TIE PlOVIICE I 'Le. Trans-


port.tion Minlstu K<vin ,;dcon
"Y' Gr"""'r V=tNO<', "EN,_
tnling"rq;ioo;d!"",",..,tbrotJ
d"",,,1 wert pro""rly and .. in
desp<ra,. nted of rep;.U:.
On Thu"d,)". one d.y .r«,
Tr>!t$Unl: gave il< fiMl .ppr<l\'"Ol
'n ,h. Richm"nJ-}';rpon.von-
rouve:r rapi&.tra=i< line. F>k<>n
pk<lged ...... <'<l'iog m>i", .nd
~ble ,"",uC!urlng ofin
WeneN/otookatit
-We "oed ro look at il and "'"
"",d [" fi~ it." F.kon [Old n.. :2lldwenredhlflxll..
Vancouv...- Sun on Thund.y.
. . _ _ _ lriPllstr\lUl<lto_.n.,.-,.,...,- ....... _ cl.iming the board i. being
M.pIoJlldr<oI~{leftl

B_C."""'I""'"""'''''''~'''
_"I"II _ _ ."""'..", ...... ... Its_fo< _ _ improp.:rly infi.,noe<i by "",. "' .."'''', ..z .... ,]" ,,,,,,tU,tl>oarl
_________________________________________________________________ " -------
ItIlad_~ ~atI_$~OIlIU.

row, loal ;""'rests.


-------
~~h~f~~~~

"=t><>".tio" d"d,im." to. '-"


.~m.';'riddJed wi!h

Norovirus hits hospital staff, patients


>p<cific..,lutio=
p=>dtiaJ bady=I politi",,- he S.""",!Tran.LLnk m.mo""s
.aid. -I. d.,...n', lend ;1.,1(,0 shared F>Icort·, .... time"", .nd
~ d<ciYolH fur the ~ater ~"""",dtill:of.solurioo..
good.1'1:u<f=tbepoblk" "Th==hngefru<trilions ..

..--.
Up to 30 people at St Paul's are ill with AIthoughF>Icon is pIased the
b=d opPf<"""(l the $l-n-hUlion
."ery """,ling." said n~.d.ink
~ Doug McCillum. ow.
stomach flu caused by Norwalk-like virus RAY proj«t. h. . .id ,he On- can' have that. It's '=Y frusmt·

hve been infCCl<d witb -. p_aPi!<SOO·'l>:Jt¥. .goi .. , off_.gai. appro.cb ~


"",id! ""*',he proj.oel <lie S<'m'-
ing. W. m•• d. bu.ino •• I[ke
b<».rd. We don', ",,0<1 per$QlUl
!ior<wiru.. aN.,.,.....a-ll4~
!Iw i2l&S lilt: "1Ioow:h nU; or
c:ota>"'~PlPoI,..,..,.:I>oI;
.,.....~
~1Iu.s.....v __ ...,. TboS)'llPOrnll oftot>W<.
,..,.,;idido_~ ollim<s only ttl be ="ved ~,.... otncks and political ro""""o ...•

~riW,
No ..... merxcncy hun ..,rg- c.""",
>=><ding to tho
for Diseue Coo....,!.
_Deen ....... Ilr~
_;nlSlD\l;!d\~
_po<>pIoa50~
=md!frustr3dog.
ru.1,;:r~=.b:;;
=TnnsUnk. which illlW,her
r",!hc G=mfV""""""",-
Ttlll.$j>o",""n /ill.bonty.,.....
me. bove been c=reIled .. St. "infection control 1>.1. cOn_
Po,,]', Hesplul following ,b. firmed ,b. dotoeden ef ~-­
.................. . - . . . .... <1\.
_Irtm_inlpaa.
a~I\MIr.<hits,
_."..,.,.._inl proo .... • b ...'d, vowing to
review ,he bDHd .f,.r tb.
=.,0<1 five year.; ago [0 m<nag<
rqin.w tn.osi, issue.. It has ""
~ The - . --. beWG
""tblnk of. "'''"2<b flu virus N=inI>.tS<. Pn<l"sHo3pitd,. P«>"ino..lel=WnmM.y. """"" apcntill8 budgo;<of >boo<
.....ooen,.. inl:heiniecled .....
ill""" =d"",........d!. and ........ Df. Cbri, Sherlock. inf".tion
~~~;"fu<the IXIl>II<lloff'=focS<.Paul·,H",,·
......... _10"""""""
st;es,..,..,.of""""'".., ........
""" ...... i!El>e<)'si:k.Ihe •
r=...,.,..,.lastsonlymo ..
o...cftheoptioas.saidhlron,
could md"d. ,he proou><o t:tk-
$i5Omillioo.
l'r>n$Unk', U-"",n>be< bow
~--"""*
p"'~ w,ote In. Wed.n •• d .. iDs o=tb< Thmilink board, but
~!l'IIOl_inlP'fi'
st;es,;nl<:3'mlbO __
Sh.r Hu ... in of PT..... lden~ ",.mo ,. Pro.-ideo •• H.ald.
~- 1I>eCMTeftxCtseaso he.,;d it l< ''''' euly '" >dvo=<
hospital. $Old IS ><o./f members ~.~.~~.ru ....~;ru~
IkahbCor .. _"""'"S", tho
. ._. ~Nso...ouses<:a"m<
md 10 ", IS I"'"""".r St. Pauf. -~-
Horses get disabled
My there's silence on crimes in Bountiful kids riding high in life
~;;:;~'~~ Cfijh(};~ldre~r1~
Sexual exploitation of girls continues, but those who should report it don't

BlI".i
""'.... ,he .,her ..,,"' ... "'bo """,,,,,,,,,,in.posinor.ofP<>""'>'
~~~ or .udwrity """'" th<m.
1Imml>ly. !be bthet> .... five.. 1_~$Ol)"<h<RCMI' ",o~d Th«>p."d< Equ,,",rri>.n

-.-
10 or mOl. years older. They m~int. thealleplon> So<i«y. b. f..1s h. . he is wall'.·
h.ve Be .en~ of...,..,ogdoiog of ,en.l .bu •• and ,01".1 iog=tbaug!>I,,,b>$spinabiC,.. ,
bec,",. 'hey .h.....ys.ign 'he
binh""ni/k:u ... ~
(>H<rnlry.
nplo;ation -""rtolo!y <><eds I"

II .. she •• ys."1 dan', kn_


::';'1,::,,0"""" ,,,••,,
n.., .• bee>...... <h< o>o<;on of
Byi>.w,tho=Wh<rssltooldbe ho ... moeh ..... CO" do withotl' hi> h<><:se. Dandy; """"'" IWnj.. ~.coa<dim<i"" md!to!=.
-"'- people speal:ing "," ud I dtlDk body in tbe ..... "Uner jt Nano:y lIud>an. ~ l'h1oiotb<Do
Saw.] aplniution " • crimi- thatis'l"i<eunlWrly",h.oppol<. wtJU!d <file ~ obI. to wall.:. pis<;md fuundIDg boord _n>bcr
oalolf~lti5defU><ed .. .,,)" "l'oI'd><_par<."""pl<»t.o "".=ultheisabk,o~ri­ of the ...o.ry "Y<: "Asid. from
=18mdun<l<:r~=_ ""'out[of!lu:cuIt)_",iPoo e..,..scns.tioo.he""",ld.<><h«· tb< obvious physiaJ ~
• pounn ""'fe,ban two reus wUe not I=e .ond, = impox-
cldez!lw> they "",;md with mr !an!ly. rlding help< imp.".,.. ~-
WESTCOAST NEWS

Health-care professionals haFe Firefighters


ignored cases of sexual exploitation use winch to
By Io.w.alI oitb~", ,h<»J<j t><
_ d rndchargro[QrfilliItg
.~rivi" >.nd, .,«Ik,] prof.. • .bl. 'h" """'0,..,
nur« •• nd
.ion,1 or you ris~ 10<1ng ,~< .,id,,"v", don', "-mt to p",h
save mare
'0 "'par< 'b<e~plui.,'",n of nus< ";yourpo'i<",,,+I><S»'>. ,h.,e "",,m," ..
d oh,ld«n
from mud
--
f,01IO 81
wi,h "'.it' live< ,nd [o~<t tbe
,I><"")'QUng !!In. by l<~r> of
!h~ F<>odm>e~'>Iist COwccb of
l~'''. cbri>< of L,,,« n,y
K""h """ the m,di",,1 pro· lro", ~ol""" <"""nunity far-
fO$"on,l. are <.ugh, in th, ,1><,u,.)cfll"Ull'l
midd!.: b-etw""n tb<ir d..'Slrel0 Bwct..~i$m" "Io>ng
1 I1.ck"",,. h.u no[ gu~< '0 5.;n .. - . b".h""y.,,,,, of co", [or,i><I"""ple,"d'h~ir "" nol;>OO;->p<.l>.,h< 5<xuol Burse IlP and about after
,he RCMP. A,. midwil•• <h, tho m,in<t,.,m M",mon Ioplte$f>OtI>ibir.ty. <xpl~i"ci"" ..ilI00nrin"<
lee!. , moru ",de<hia/dlll'l' 10 cltutcll. "Tko< p,,,,,I. liye """ide Girb ... ill <o",inue to bo J""" _ _ _ has a mlel- being slud; on her side in
s!(lu¢\ fOf couple (If b(ll1fS
rn!,7~~~",~~:,,; ~,':,:;';~~~;!'<"!'~~ ::=~~d~=%l~~
.ui,It,ln ,he ,,"" of'h<
""",on who ",,«I t...lp. U""b- ..-yp_lI<elnC,_,,-
p<><EUod in , <00>1 0>Se. how· ch~d- ",!,one 18 o. yoo~, done, wo ... ><>o;"r1' h .. o '" bet"',<b.mb<=;lhtg5!oc\;. ",lIh 'l'<'iling<he trurli! lY/onUCWlE
~.,-.>bt:-"'kI'=ifi;: - must he p,o[eo«d il,b.y "l'=uinm;II;!>>.r< oottokr- the ""=,,rion u,., [hey will Th< I'OIcn,ii] ho" '0 th<m"
So. it'. nQ< QnJy Bbcl<.mo,e h.". b.~n or u< lihl, '0 b< "cd. <"'<n lfth.a[;' your ,eli· relladUld<,,<I'YY"U"o.,,,-,;:ry Irn.'ebksstb=iti>'<><o>m<e""
.. bo h . . . ~n Ih ... "'%\l'Uy physic.lty h~r",ed ... ro,Hy gi"""heU<C'h< "'I"- oth" f"""u"~l,h<y n.."'lll~r lil:e /ao< 1I1.ckm",~ -.n o[ IlIJ>U:RIIlGEI M;.,.t<Ridg,d'ir<:f<ght=
expioi,.,a yrung~ .bu=I""~"G'k~by But Koch 'H' tb,,', 00' ""',.". who« chj]df~n .... on< '",bcinpppl.txkdali«<i>rypulled.
For51)""" •• ~.ofID<d-­ mo<hefp<"",,>ndlftb<u'p"-~ sometlungd:3[<b.>uMbekf"o And whaldo<!>e prof"'i"". r<ouinw"h.;n 'Il< FLns. h""e fro" ... ~J ,Iough ThUrSday
kcalprofr>niomIshas wim«sed
g:irl$:rom tl>< ]>t'IIygIJ'OOUSrom-
<!>to wiU "'" Ff<Nia< ,1»1 pro- mid"""". ERdo<1of5. our-.o. ili rnk! They tniV" w..: ,hoi. Bl,ckmo", ".d O1h,,,, wh" .I,,,,,,,,,,,,,,
, ...."ion. "r"",nOOspit.>l.dmini",.,."", inb .. Th<y might k hoond,d "",,,loft «'''''tan'iy f< .. 'hot It took 14 firefigh, .. < ad •
munity giving birth in C,..",on Anyone failing,~ topot{. [0 decid.. out <>fCr ... 'on hy ,h~ (<>Ih ,hoy tn.), I"se contact with Iryd .. "I;< winch 10 lit; D~,." Ap,-;!
Valley flospiul or Ita"" <;trod ,u.piOlon lb., a ob,lJ n<ro. That. of CDu"e. m,k~,. '''''''' "'h" c;m', <co 'nythio~ tbeicohild .. n 3nd <II. lri¢ndo Snow•• 31-j'oac-oJd Appoloo .. m."o.
roc tile childre" one< tb<y .'" ]>I'L>to<:ti"" " Iioble to > flo" Q( """,kerr o(,he I,w ""'lining wrong ,.ith wltaC< happ<oing .nO «10<"'<' th<y have I<ft fru",aslougb "",id., potKI.long1$6
~ "P'" Sln.OOO OT ru: """""'m ,b. duty of pmle»ion.l. to inBoontifut bcl!iod Str".,.
fe. 51 Y<ll'<. doaon. nu"""" i;>iL repo«. Bu' i[,b<>< pmfession,1s Th .. ~ wom.n ..... r "OF Tho Maple Ridge Ro.!P... preson·
mid-...i" . ., de",ist>. ,,,d.1 M~~ «hioi", To", Koch E... ~ withi" m.in,,«am canlor""","<><elh<ir«>n';';' ,.."rrying .oout tbcicohildron. 13ti"'" ('om ,be SocicIY fo, the P.o-
....,,,,",... b.." toh"'.-.conled wish •• it _co th.at simple. ,odefy.•00 ... v;rum< .,.. ,..,i· .~I< i0l1= _ <iw. Endi- f=ily and h«ruIs heing hurt. ""nli"" of C",.lty to "'oi""I", and >
and Rod family m«l>::>l histo-
,~
In.pbcelik<.C"""on...n.te ""'" [0 ""n><
fon<Md.lfswhy
,be po/)'gaO'I'" Pfi\Cll<'C>oi<!>e the 10 .. , ..-". ",ri' .. n '0
>iduolly 0' """"gil <!>ei, .... ri_
0"" p,oo;ioo>'] ",!;>nWtion.
,.".nned,=rn"",nko><od>nd
..-eo rurn<d 00' ol<hei, oou<-
.e«rinarian w,...
1"" at ,b, I F.m
rcsc=,befrn: d<pm""'ntro,>lInll<d
In ,Ome COIS<'$, no< only d" FLDS h.n ken allow,d '0 req.u .. prof""'ion.w. '0 '1'<" -'0 rQO<t vktims and possi. -Sbe gO! ,mok i. ,t>< m«d "'J .....
,hose .. oood. indio ... ,",uoJ ro"'-i""" (0; <0 1m,;:. he",!" ~', [or ,hc'ID- It'. why polk< ar. 0Iy .....<It>< "''''' of """'f o<h« y<~ 'hoy h.ve thocoorage '0 cO"'pl",dy on "or ;ide fo .. c""pl< 01
<>plo1tati"",tbeypoin:,od" .. "'" up to tl>< ,me..gel><}' room ahle ,orero.""",nJch.<ge<1>< <;l;<ldrengrow;ngup"i,runw <I""ai: whil< ,ho ",«Iio>l p,'" hou,..," ... id Lyle Muir, who own< ,h.
er brniIioI tk> her,.,,.,,
the ""'" nu"., 0' doeto .. '0 $I", I.id C'e" whn yk,i." of oult,.b,. why should "")",0.< :'=ion"""",'tbobolhe.roar.d ""'" ",d her 8·y~n'O!d g<lding off-
"us dw> the !:tw.no..... changingth< soci.;,I mor<>. .bu •• ore unwiUing IQ pre" "poe[ ,b., I>tOm<n wbQ ha,,, breakthe.eryl.wt-<h.ati>"",_ 'pringlUlow" .. Rocl<y.
S" ",h" .bout tho p,ofe,- "Ifrau W~I"'O work 1n ,t... charg=
<omm"ni[y. y~u can', 0 •• 0. Cet<>inly. it is und.",and_
be"" "i«imi"d are STtong
<""",gh '0 .ndu.. !he.min of
to pru<=
_
''''''""",,,,'<1cnms. -It "". quito [raut,,.,,c '0, e'er,'
body. She 1»<1 ,,, b;: I'"II"d oot wi,h a
.i=aIs?

~======================================:l :-~r!:lk~~:e.~ob;~~bJ~;;:~~~~g~ "'hi~h is g\'oJ,-


It '"ok firefigh[",. ",,,co 'h'n '>n
hom: '0 00' !h< rna", "," oftbe ,Iou~"
.. id M"looe Roman. ,n ",i,,,,,,,
'0
ve,,,,i • .,i,,,,
H<nnen G«rt>"m,. ",ho
,i<!>.o,J in 'he ""cuo.
Mui,.nd Illi wife Deoor!h GTC)' d' ..
00,'««1 Apnl!l1 Ihe m~d,bort!y af."
noo" Thur>rlay ",ben ,n")' ".wed.!
'he field wh"," ,lie ""T<
"o"d, to
(oed h« .nd Rooky.
Thee, fir< oomp'oi., ""I"J"<\,.,j '0
'h" Mu,,', '"SO"" c,II, i"dudi~g a
oornp,my 'hat carri« sli"g< .nd o,tl"'
'quip"",n, "ood,~ roseu, l«go ,ni-
m,is.
Fiufigh,~" .. lim "i<o '0 pull
Apnl ""' ,hom",I.., ",;Ill. ro!>".
Wb~n 'hat didn't .... "ck. ,hoy
bl"" •• d down 'he k~ce ,urroundin~
tb< fi<kland blOugh' ,n,
."all p~mp
[cuok equipped wi,h. hydnulio
..inch_
The 'i,.rtghtc ... "u<fi,rorl April wi,h
• ,ling ,Ita, >ns tben ... ""hed to ,""
winch. Th.y .1'0 lied a top, t"
,h"
mud·c,ked hO<5,', b,idl,. Wi,h th~
winch ",rning, the fi .. fi~h[<f< pulled
t08«1.<, .nd I.-..:d he,_
H"",.. d "XlI<', as,;"a", oruel of ,he
M.ple Ridge 11,~ d~p.,",me"" ,.id
'imil" "",,;ucs h.ppen r<~ui.dy",
'bis "'n-,o.ted ',m, 01 )'~", "'hen
.nim." gel <r.pp,d in mud in 'be
I1o1ds where tn<j' 1:"=' He <.lid ho h",
helpod ""u, (upp.:d Cow,. bull,.
"ev<" .11=, "nce."

Falcon unloads
on mayor of
Pitt Meadows
~
ism><i<upolm>)'<lnrnd.".,nciI ""'II>-
t><~ from 1»",.." M>lnlond municip,l;'
tie<. Anod>errbJ= """,d 'I">".r<: '0
b~ flUed by pT~vlnoi.1 ~o.-ommen'
appointmen, .lthough ,I>< pMi,]"",
Ita ...."""e, bot. filled
In oriticizing Thtnilink', gov=<>:,
Fakon 'ook aim 0< Do""; m=l>:, Don
Mad.em, tb< mayor of Pi" Meadows.
E,"ing yout I"";".,., 10 &ell Wi,b ",,,try.lr,,,, w~d= "'~ w/toopp"><dRAV:
""""'>lotl. nelWo!k <.w~ iIld reli.lbili"'. it's 'k) 'ffi'~ "Hi> decision i. not rolOOl'.d b;' me
merits olthe rroj<ct bu, i> ",,!our¢d
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Vancouver Sun
Why there's silence on crimes in Bountiful: Sexual exploitation of girls
continues, but those who should report it don't
Fri Dec 3 2004
Page: BI I FRONT
Section: Westcoast News
Byline: Daphne Bramham
Column: Daphne Bramham
Source: Vancouver Sun
Hlustrations: Color Photo: Ian Smith, Vancouver Sun / lane Blackmore has a mid-wife's practice in Creston.

Midwife Jane Blackmore is one of the few with


first-hand knowledge willing to talk about Bountiful's In some cases, not only do those records indicate
young mothers. sexual exploitation, they point to closer familial ties
between the parents than the law allows.
She saw them when she lived and worked within the
fundamentalist Mannon community. And she So what about the professionals?
continues to see some in the Cranbrook practice she
set up recently after having divorced the former By law, all of them should be arrested and charged
bishop Winston Blackmore. for failing to report the exploitation of these young
girls by leaders of the Fundamentalist Church of
The youngest she's seen are 15 and 16. Some were Jesus Christ of Latter Day Saints -- a breakaway sect
her Itsister-wives," the other women who shared her of the mainstream Monnon church.
husband.
B.C.'s Child, Family and Community Service Act
Invariably, the fathers are five, I 0 or more years says that a child -- anyone 18 or younger -- must be
older. They have no sense of wrongdoing because protected if they have been or are likely to be
they always sign the birth certificates, acknowledging physically harmed, sexually abused or sexually
paternity. exploited by another person and if their parents will
not provide that protection.
By law, these fathers should be arrested.
Anyone failing to report their suspicions that a child
Sexual exploitation is a criminal offence. It is defined needs protection is liable to a fine of up to $10,000 or
as anyone 18 and under having sex with a person six months in jail.
more than two years older than they are and with
anyone who is in a position of power or authority Medical ethicist Tom Koch wishes it were that
over them. simple.

Jane Blackmore says the RCMP investigation into the In a place like Creston, where the polygamist
allegations of sexual abuse and sexual exploitation practices of the FLDS have been allowed to continue
"certainly needs to happen. n for so long, he says it's not up to the emergency room
nurses or doctors to start changing the social mores.
But she says, 1'1 don't know how much that can do
without people speaking out and I think that is quite "If you want to work in the community, you can't be
unlikely to happen. an activist and a medical professional or you risk
losing the trust of your patients," he says.
"For the most part, people who are out [of the cult)
want to go on with their lives and forget the past." Koch says the medical professionals are caught in the
middle between their desire to care for the people and
Blackmore has not gone to the RCMP. As a midwife, their legal responsibility,
she feels a moral and ethical duty to maintain the
trust of the women who need help. If subpoenaed in a "These people live outside our society, but inside our
court case, however, she would testify; province. Ifwe want something done. we as a society
have to say certain things are not tolerated, even if
But it's not only Blackmore who has seen these that is your religious belief," he says.
sexually exploited young mothers.
But Koch says that's not something that should be left
For 57 years, a parade of medical professionals has to midwives, ER doctors, nurses or even hospital
witnessed girls from the polygamous community administrators to decide.
giving birth in Creston VaHey Hospital or have cared
for the children once they are born. That, of course, makes a mockery of the law
outlining the duty of professionals to report.
For 57 years, doctors, nurses, midwives, dentists,
social workers have taken, recorded and read family Even within mainstream society, abuse victims are
medical histories. reticent to come forward. It's why the laws were
written to require professionals to speak: for them. It's

FPinfomart.ca Page 3
why police are able to recommend charges be laid
even when victims of abuse are unwilling to press
charges.

Certainly, it is understandable that doctors, nurses


and midwives don't want to push these women and
children from a closed community farther
underground.

But the trade-off is that as long as nobody speaks, the


sexual exploitation will continue unchecked.

Girls will continue to be assigned or taken by older


men as concubines and treated little better than
breeding stock, with the expectation that they will
bear a child every year or every other year until they
have 10 or more.

And what do the professionals risk? They might lose


their jobs. They might be hounded out of Creston by
the folks there who can't see anything wrong with
what's happening in Bountiful.

But if these professionals can't or won't use their


considerable influence -- either individually or
through their various professional organizations -- to
report victims and possibly save the lives of many
other children growing up within the cult, then why
should anyone expect that women who have been
victimized are strong enough to endure the strain of
speaking the truth?

The potential hurt to them is much less than it is to


someone like Jane Blackmore -- all of whose children
save one remain within the FLDS.

Blackmore and others who have left constantly fear


that they may lose contact with their children and the
friends and relatives they have left behind.

These women never stop worrying about their


children, family and friends being hurt, shunned,
excommunicated and even turned out of their houses.

Yet, they have the courage to speak while the


medical professionals can't be bothered and break the
very law that is meant to protect innocent victims.

dbramham@png.canwest.com

FPinfomart.ca Page 4
MINISTRY OF HEALTH SERVICES
INFORMATION BRIEFING DOCUMENT

Cliff #517909

PREPARED FOR: Penny Ballem, MD, Deputy Minister - FOR INFORMATION

TITLE: Statistical Anomaly - Creston Local Health Area


Teen Pregnancies To Mothers Aged 18 and Under

BACKGROUND:

• Recent media coverage has drawn attention to the Fundamentalist Church of


Jesus Christ of Latter-Day Saints, an alleged polygamous Mormon splinter group
located near Lister (Bountiful), British Columbia.
• The Bountiful community has been the subject of allegations of polygamous
marriage practices since 1992. At that time, and again in 2004, the issues of
possible sexual abuse and exploitation of women and children were also raised by
Debbie Palmer, a woman who left the commune in 1988.
• A recent Vancouver Sun article of December 3, 2004, entitled "Conspiracy of
Silence in Bountiful" specifically alleges that social workers and medical
professionals have been complicit in these alleged abuses by failing to report
teenage pregnancies and births.
• The Vancouver Sun article quotes statements from midwife Jane Blackmore who
previously lived and worked within the Bountiful community. It then alleges that such
births and relationships constitute a need for protection and therefore should trigger
the mandatory reporting as provided for under the provisions of the Child, Family
and Community Service Act. (Appendix 1)
• The Deputy Minister requested a review of teen pregnancies in the Creston area to
mothers who could be linked to Bountiful. The Vital Statistics Agency extracted all
births to mothers aged 18 and under for the Creston Local Health Area (LHA)
between the years 1986 and 2004 inclusive.

DISCUSSION:

• The Vital Statistics Agency reviewed the teen births for the Creston area and the
province as a whole for the period 1986 to 2004, and has identified that the
difference between the number of live births to mothers aged 16 to 18 in the Creston
LHA and the expected number of live births is higher than expected and statistically
significant at the 5 percent level. . .

.
OBSERVED NUMBER EXPECTED NUMBER
14 Years 2 1
15 Years 7 5
16 Years 36 12
17 Years 50 23
18 Years 86 35
14 -18 Years 181 76

1
• In the rest of British Columbia, live births to mothers aged 14 to 18 accounted for
approximately 3 percent of all live births whereas in the Creston LHA, they
accounted for 7.1 percent of all births.
• 69 of the live births to mothers aged 14 to 18 in the Creston LHA have been
tentatively linked to the Bountiful community by identifying specific sumames
associated with the Bountiful families and identifying mothers whose usual place of
residence was within the primary commune locality of Lister or its neighbouring
communities of Canyon and Kitchener.
• The 69 identified live births account for 38 percent of all births to mothers aged 14 to
18 in the Creston LHA and 66 percent of the 105 births in the Creston LHA which
exceed the expected provincial rate.
• Of the 69 live births identified, 65 (94 percent) have a father recorded on the
registration and of those 65 births:
o 98.5 percent of the fathers are 2 or more years older than the mother
o 46 percent of the fathers are 5 or more years older than the mother
o 28 percent of the fathers are 10 or more years older than the mother

CONCLUSION:

• The number of births to teen mothers aged 14 to 18 in the Creston LHA is


significantly higher than the expected number of such births. This high rate of births
to teen mothers can be attributed to the inclusion of the Bountiful community within
the Creston LHA. A large portion of the births to teen mothers are to mothers who
are members of the Bountiful community.
• The question of whether the increased incidence of teenage pregnancies and the
mothers' association with the Bountiful community should have warranted reporting
under the Child, Family and Community Services Act may be problematic. This is
due to the potential difficulties inherent in attempting to ascertain whether a child
truly needs protection and may be exacerbated by the fact that the Bountiful
community and its practices have existed for a considerable period of time.

Program ADM: R.J. Danderfer


Title/Division: Assistant Deputy Minister
Knowledge Management and Technology Division
Telephone: 250 952-2563
Program Contact: Andrew K. McBride
Chief Executive Officer
Vital Statistics Agency
Date: January 11, 2005
File Name with Path: L:\SecurecMdmin\CRIS\WORD\BRI EFN0T\2005\517909
Creston LHA BN with Appendix.doc

2
MINISTRY OF HEALTH SERVICES
INFORMATION BRIEFING DOCUMENT

Cliff: 521308

PREPARED FOR: Penny Bailem, Deputy Minister - FOR INFORMATION


--
TITLE: Statistical Anomaly in Creston Local Health Authority (LHA)

BACKGROUND:

BC Vital Statistics Agency (BCVSA) were asked to review births to mothers aged 18
and under in the Creston LHA, and assess their attribution to the community of
Bountiful. The BCVSA concluded that - the number of teen births (1986-2004) in
Creston LHA is significantly higher than expected, and this can be attributed to the
inclusion of the community of Bountiful in the Creston LHA, as a large proportion of the
teen births are to members of the Bountiful community.

Women who have left the Bountiful community have alleged that the Community
practices polygamy, that young women are forced into arranged marriages with older
men and that young women are brought into Canada from the US as brides-to-be.

Under the Child, Family and Community SelVice Act (CFCS), Part 3, a child needs
protectio'n if (inter alia) the child has been or is likely to be physically or sexually abused
by the parent,13(1 )(b) or another person and the parent is unwilling or unable to protect
the child, 13(1)(c)neglected or emotionally harmed by the parent, 13(1 )(d)(e) or
deprived of necessary medical care 13(1 )(f).

DISCUSSION:

Follow up with the BCVSA reveals that in terms of teen pregnancy rates, Creston LHA
ranks 9th in the province and below the provincial average Aboriginal teen pregnancy
rate. Creston LHA also has a lower than expected rate of congenital anomalies. The
teen birth rate for the Bountiful Community cannot be accurately ascertained but is
certainly high. BCVSA are engaged in a more in depth review (at my request).

Is this high teen birth rate in and of itself a sufficient cause of concem to. invo~the
CFCS Acr? Are there other concems that meet the criteria of Part 3?

In discussions with Jeremy Berland, ADM of MCFD, who have carriage of this Act, his
ministry is aware of the allegations, have been keeping a "close eye" on the co~munity,
have conducted multiple investigations, and have never found a child (any person under
the age of 19) in that community who, under the proviSions of Part 3 of the Act. was in
need of protection.

Discussions with the regional health authority public health staff and MOHS, revealed a
similar level of awareness.

1
In tenns of care provided; the Bountiful community have their own licensed midwives,
three-four RN's, who provide anticipatory care, with most births occurring at the local
hospital. Care quality is rated high. Public health nurses do routine telephone post-
birth follow up visits. The trained community mid-wives provide in-community care.
Prolonged breast-feeding rates are 95% at 12 months.

Health concems identified have been - high incidence of RSV secondary to large family
size and modest dwellings. High rates of unintentional childhood injury associated with
rural, agricultural setting. The community have responded to both these issues.

Large family size has been identified as a detriment to women's' health. Contraceptive
advice and seNice provision have not been accepted by the community. No other
barriers to accessing care were identified.

I also reviewed this with Jane Morley, Child and Youth Officer. She also expresses
concem, but sees no clear way of addressing the underlying issue of the potential
sexual abuse of children. She proposed that the appointment of a commissioner ....;ith
powers to subpoena witnesses might be an avenue that could be explored with a view
to investigating and potentially eventually impacting the "norms" of the Bountiful
community.

SUMMARY:,
Clearly the social values of this community differ from the BC "norm". On the basis of
this review it would seem unlikely that the MOHS or the employees of the regional
health authority have any grounds to lay an infonnation with MCFD.

It may be questioned how voluntary a young adolescent female's participation in a


marriage to an older man in this community would be. However, the issue of arranged
marriage has been dealt with through apprehension by MCFD for other cultures - they
have never had a "named case" to investigate in Bountiful.

The issue of polygamy would seem to be one for the Solicitor General to investigate,
and I believe an opinion has been sought from the Govemment of Canada.

To some degree local public health practitioners are caught in the dilemma ofwanting to
provide seNice to the Community - which to an extent means not being hostile or
questioning to the Community values. They are aware of the allegations that have been
made, are not happy with the choice-limiting culture within which the Bountiful <
community raises its young women, are aware of their obligations to report if they
become aware of documentable abuses, but feel that as long as the "higher authorities"
do not inteNene on the evidence they have on polygamy, that there is little that can be
dome locally.

2
,-

RECOMMENDATION:

I recommend watchful waiting, full cooperation with MCFD if any cases are investigated
and cooperation with the Child and Youth Officer should she become involved and with
the Solicitor General in any polygamy investigation.

Contact: Perry Kendall


Title/Division: Provincial Health Officer
Telephone: 250 952-1330
Program Contact: Perry Kendall
Date:
File Name:
February 9, 2005
.. .

3
-4-

Affidavit #1 of Perry Kendall


Sworn July 20th , 2010

No. 5-097767
Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE MATTER OF:

THE CONSTITUTIONAL QUESTION ACT, R.S.B.C. 1996, C.68

AND IN THE MATTER OF:

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

AND IN THE MATTER OF:

A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT IN


ORDER IN COUNCIL NO. 533 DATED OCTOBER 22,2009 CONCERNING THE
CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA,
R.S.C. 1985, c. C-46

AFFIDAVIT

Ministry of Attorney General


Legal Services Branch
1301 -865 Hornby Street
Vancouver BC V6Z 2G3
Telephone: 604660-5476
Facsimile: 604 660-6797

CRAIG JONES
Barrister and Solicitor