Professional Documents
Culture Documents
;1 F\N cO 11 VE:'F\'
No. S-097767
Vancouver Registry
Craig Jones
Barrister and Solicitor
Affidavit #1 of Perry Kendall
Sworn July 20 th , 2010
No. S-097767
Vancouver Registry
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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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.
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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.
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.
dbramham@png.canwest.com
FPinfomart.ca Page 4
MINISTRY OF HEALTH SERVICES
INFORMATION BRIEFING DOCUMENT
Cliff #517909
BACKGROUND:
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:
2
MINISTRY OF HEALTH SERVICES
INFORMATION BRIEFING DOCUMENT
Cliff: 521308
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.
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.
3
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No. 5-097767
Vancouver Registry
AFFIDAVIT
CRAIG JONES
Barrister and Solicitor