January 19, 2012

Hon. Hon. Mary McNeil Attorney General Minister of Children and Family Development PO Box 9044 Stn Prov Govt PO Box 9057 Stn Prov Govt Victoria, BC V8W 9E2 Victoria, BC V8W 9E2

Hon. George Abbott Minister of Education PO Box 9045 Stn Prov Govt Victoria, BC V8W 9E2

Dear Ministers Bond, McNeil and Abbott, The Canadian Coalition for the Rights of Children (CCRC) intervened in the Polygamy Reference case to ensure that factors related to the rights of children would receive due attention. The November decision, which is not being appealed, confirms the significance of the risks of harm for children. For this reason, the CCRC and its partners in BC, First Call: BC Child and Youth Advocacy Coalition (First Call), have a strong interest in the immediate, pro-active measures to be taken by the B.C government to protect the rights of children impacted by polygamy in BC. Justice Bauman made key findings in the case with regard to the potential and actual harms to children occasioned by the practice of polygamy, particularly in insular communities such as Bountiful. His key findings include the following negative impacts on children: • higher infant mortality • more emotional, behavioural and physical problems • limited educational opportunities for both boys and girls • lower educational achievement than children in monogamous families • higher levels of conflict, emotional stress and tension in polygamous families • early marriage for girls, frequently to significantly older men • early sexual activity, pregnancies and childbirth with negative health implications for girls • young men forced out of polygamous communities In addition to these troubling findings about the practice of polygamy generally, evidence led by the government in the case raises serious concerns about the negative impacts on children in the community of Bountiful, British Columbia. Evidence supports the need to investigate the underage marriage of girls in the community and the significant concerns about the trafficking of girls to and from the United States for the purpose of marriage to men in positions of trust and authority. While child maltreatment investigations in such closed communities must be carried out with sensitivity and with the primary goal of protecting the children, we are concerned that hesitancy in the past has permitted such practices to continue with impunity to the detriment of many children in the

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2 community. We ask that the Ministry of Children and Family Development ensure that child protection authorities conduct a thorough investigation into the alleged and potential harms to children in this community and that serious misconduct, such as the sexual exploitation, sexual assault and trafficking of children, be prosecuted. In light of these concerns, we welcome the appointment of a special prosecutor with a mandate to look into the potential for charges to be laid. In addition, Justice Bauman reinforced that the state is obligated to take positive measures to prevent harm to children. Using the Convention on the Rights of the Child as a framework, there are many positive measures that the BC government could take to reach out to the young people in Bountiful, reduce their vulnerability, and increase their options to fully realize their rights as full participants in BC society. We would like to know what plans are in place to implement the ruling’s call for positive measures to protect the rights of these children. One particular area of concern is the role that the independent schools in this community have played in perpetuating the abuses or simply failing to protect children. We are asking the Ministry of Education to re-evaluate the effectiveness of independent school inspections, particularly as they relate to school drop-outs, the policies of the schools in relation to the legal obligations of teachers and others working with children to report suspected child abuse, and fulfilling the requirement to teach the health, personal development, respect for human rights, and life skills components of the basic BC curriculum. We hope that the Ministry’s commitment to track the progress of each individual student in BC will translate into a more pro-active role in protecting the education rights of every child affected by polygamy. In addition, this case revealed the need for greater public accountability to ensure that the education supported by public dollars upholds the education rights of children, as outlined in the Convention on the Rights of the Child and ratified by the province of BC. Now that the law is clear that the prohibition against polygamy is a reasonable limit on the community’s religious freedom, the CCRC and First Call urge the British Columbia government to be proactive in its response to the concerns about the rights of children raised by the case and the practice of polygamy in the province.

Sincerely,

Kathy Vandergrift, Chairperson Canadian Coalition for the Rights of Children 937 Alpine Avenue, Ottawa, Ontario K2B 5R9

Cheryl Mixon, Co-Chairperson First Call: BC Child and Youth Advocacy Coalition 202 – 1193 Kingsway, , BC V5V 3C9

Copy: Hon. , Premier