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counts of murder of the baggage handlers. Aside from the massive size of the case, Air India was politically charged, involving allega- tions of militant Sikh separatist groups, and the shooting death of another primary suspect by Punjab police. Of the passengers of Air In- dia flight 182, 280 were Canadian citizens. The key to the Crown's case was three witnesses in- cluding Inderjit Singh Reyat, who had already been sentenced for manslaughter for his role in the bombings. Malik and Bagri were both acquitted as the judge found inconsistencies with the three key Crown witnesses — includ- ing a woman who said Malik had confessed to her more than once. The Crown's witness list at one time had more than 1,100 names, eventually whittled down to 800. The trial heard from 81 Crown witnesses. Peck lead a team of nine lawyers in Bagri's defence, the province had 18 lawyers, and Malik' defence team consisted of six law- yers. "[With] mega-trials, you are talking in effect, situations where teams of lawyers are created to act in cases whether for the Crown or defence," says Peck. "So you are having to set up systems to try and analyze the mate- rial and get through it. Air India was probably a good example, although in some ways it is not a classic example, because we were able to work through a great deal of the issues, sort of, behind the scenes that resulted in the trial taking a lot less time than it otherwise would have." Code explains that a big reason the defence team was so effective in Air India was Peck's lack of ego. He says Peck had no territorial issues about the case and was "very happy to share the case and work in a collegial way with counsel." In 2007, the province of B.C. turned to Peck's renowned research and legal skills to look into the situation in Bountiful, the small town near Creston, B.C., that is home to an enclave of the Fundamentalist Church of Jesus Christ of Latter Day Saints. An offshoot of the Mor- mon faith, it is believed that this commune still practises polygamy. The commune has existed for nearly 60 years and almost 20 years ago the issue came to the attention of B.C.'s at- torney general. There was a criminal investiga- tion and the province sought a legal opinion from then-B.C. Court of Appeal chief justice Allan McEachern. The fear was s. 293 of the Criminal Code, which made polygamy illegal, could be struck down as contrary to religious freedom rights under s. 2(a) of the Charter of Rights and Freedoms. No charges were ever laid against the men of the commune or its leader Winston Blackmore. A decade later the questions surrounding Bountiful and allegations of polygamy were once again in the public eye. Media questioned how polygamy could seemingly be allowed, despite the practice being contrary to the Criminal Code. This lead to criticism of the Charter and questions were once again raised about religious freedoms. The provincial gov- ernment eventually sought out an RCMP re- view of the situation, then turned to Peck, a lawyer who not only understands the Charter but has also been successful in using it to chal- lenge Canada's laws. The decision to use Peck to review the situ- ation at Bountiful was made by the province's criminal justice branch. However, the decision was likely due to the high regard in which he was held by B.C. Attorney General Wally Op- pal. Peck says Oppal, a former B.C. judge, "has to be considered as one of the very top crimi- nal defence lawyers in Canada." In regard to Bountiful, Peck wrote that, "af- ter extensive study of the relevant material, I have come to the conclusion that polygamy itself is at the root of the problem. Polygamy is the underlying phenomenon from which all other alleged harms flow, and the public interest would be best served by addressing it directly. "There is a substantial body of scholarship supporting the position that polygamy is so- cially harmful. With great respect to those who have given opinion to the contrary, I be- lieve [s.] 293, may well be upheld by the courts as consistent with the Charter's commitment to religious freedom. "Religious freedom in Canada is not abso- lute. Rather, it is subject to reasonable lim- its necessary to protect 'public safety, order, health, or morals or the fundamental rights and freedoms of others.' Ultimately, in my opinion, there is a good case for upholding [s.] 293 as compliant with the Charter." www. mag.com NO VEMBER / DECEMBER 2008 35