8 Mar 2011

Lawyer says extraordinary evidence in Canadian case shows polygamous society consumes children, harms women



The Province - British Columbia, Canada March 7, 2011

Polygamy 'consumes its young,' says Crown in landmark trial

By Keith Fraser, The Province



A lawyer for the B.C. government says polygamy “consumes its young” and warns that there will be many more victims if the practice of multiple marriages is decriminalized in Canada.

The comments by Craig Jones, lead counsel for the B.C. attorney-general’s ministry, are contained in a 163-page written submission filed in B.C. Supreme Court.

Last month B.C. Supreme Court Chief Justice Robert Bauman heard the final witnesses in the trial to determine whether Canada’s law is constitutional.

The parties in the case are now in the process of exchanging written submissions to be followed by final oral arguments March 28.

In his submissions, Jones says that the quality of the evidence heard at trial was “extraordinary,” with some of the leading experts testifying in addition to people who have and are still living in polygamous communities in Canada and the United States.

He said the evidence “inexorably” leads to two conclusions — that polygamy has “significant risk” to women and children and significant risks to society at large.

“This is what we know about polgyamy, both in theory and practice: a polgyamous society consumes its young,” he said.

“It arms itself with instruments of abuse, and shields itself behind institutions of secrecy, insularity and control. It depresses every known indicator of women’s equality.”

Jones added that polgyamy is “anti-democratic, anti-egalitarian, anti-liberal and anthithetical to the proper functioning of any modern, rights-based society.”

The government lawyer noted that the harms included child brides being smuggled across the border to serve as “compliant wives to middle-aged men they have never met,” and boys expelled or sent to work camps without education.

“These victims were inevitable. And there will be many more if the challengers succeed in making Canada the first western nation to decriminalize polygamy.”

There are two questions before the court — whether the law is constitutional and what are the necessary elements of the offence.

Jones said the law was consistent with the Charter.

Regarding the elements of the offence, he said that the law does not require proof that it involves a minor or that it occurred in a context of dependence, exploitation, abuse of authority, a gross imbalance of power or undue influence.

Those elements may be aggravating factors, but a person who knowingly enters into a criminally polygamous relationship or who assists in “certain processes” purporting to sanction such a relationship, is guilty of the offence, he said.

Jones concluded by noting that for more than 30 years, many academics and lawyers have said, without the benefit of much evidence, that banning polygamy was an unjustifiable infringement of the liberties of citizens.

“It is not an exaggeration to say that the world is watching this case. It is by far the most thorough and profound exploration of polgyamy and its harms in any courtroom, ever.

“If the prohibtion against polygamy cannot be supported today, on this record, then it could never be supported.”

Written submissions from the parties who want to decriminalize polygamy are expected to be filed March 17.

The judge was asked to take the constitutional reference case after polgyamy charges against two Mormon fundamentalist leaders in Bountiful were stayed in 2009.



This article was found at:



RELATED ARTICLES:









Stop Polygamy in Canada website has notes taken by observers in the courtroom as well as links to most of the affidavits and research the court is considering in this case.


Warren Jeffs diary submitted to Canadian court reveals three more child brides smuggled to US for FLDS leaders


RCMP renew investigation of Mormon polygamists on new evidence of child bride trafficking to US





BC government failed to act on evidence of child bride trafficking after 2008 Texas raid on polygamists







Final arguments in Canadian constitutional hearing on polygamy will be broadcast on TV and Web



Canadian polygamy case hears evidence on high rates of teen pregnancies in fundamentalist Mormon community


For Mormon polygamists in Canadian case religious freedom means enslaving women, sexualizing girls, exploiting boys

Two more plural wives testify in Canadian polygamy case, see no problem with forced marriage or trafficking child brides

Testimony of first FLDS witness in Canadian polygamy case reveals women in denial that their children are being abused

First anonymous FLDS witness in Canadian polygamy case paints cosy picture of plural marriage, seems oblivious to abuses

Affidavit in Canadian polygamy case reveals shocking statistics on child trafficking, child brides and teen mothers in Bountiful

Economics professor considers financial aspects of polygamy that create inequality

Two Mormon fundamentalist women from Utah tell Canadian court positive accounts of polygamy, no hint of abuse

Brother of FLDS bishop describes intellectual abuse, child labour, spiritual abuse and loveless religion in Canadian polygamy case

No freedom from religion for women and children in Mormon polygamist towns where men claim religious freedom to abuse

Mormon polygamist survivor tells court babies smothered to keep quiet, emotional and spiritual abuse worse than sex abuse

Video testimony by Mormon fundamentalist in Canadian court says polygamy provides happy life and harms no one

Survivor tells Canadian court extreme abuses including water torture of babies common in Mormon polygamist communities

FLDS bishop of Bountiful will not testify in Canadian polygamy case so his affidavit will not be read into record

Legal expert tells Canadian court polygamy prohibitions and monogamy tradition pre-date Christianity

The issue of women's rights in the Canadian constitutional review of the polygamy law




Before holiday break in constitutional case judge hears conflicting expert testimony on harms associated with polygamy

Expert in polygamy case says society should assume all members of sects have free choice, but what about children?

B.C. government expert in polygamy case sets out long list of social harms, societies that abandon polygamy do better

Court views video affidavits from Mormon fundamentalist survivors detailing pedophilia, incest, child trafficking and forced marriage

Polygamy expert tells court in constitutional case that it reduces women's freedom and equality and leads to forced marriage

Affidavits from survivors and psychologist's testimony in constitutional case show abusive nature of polygamous lifestyle

Expert witness in constitutional case on polygamy claims Bountiful women freely choose their own religious oppression

Judge allows controversial expert witness to testify in Canadian polygamy case, no decision yet on publication of video affidavits

Pro-polygamy intervenor groups make opening statements as first week of Canadian constitutional case ends

FLDS lawyer in Canadian constitutional case on polygamy claims members freely consent to plural marriage, abuse survivors disagree

Lawyer appointed to argue for striking down Canada's anti-polygamy law in constitutional case makes opening arguments

Canadian constitutional case on polygamy begins with BC government's opening statement

Unique Canadian constitutional case on polygamy set to begin November 22, 2010

Timeline of events leading up to Canadian constitutional case on polygamy which is set to begin

Survivor of abuse by Mormon polygamists documents accounts of sex crimes in the FLDS and other fundamentalist groups

Mormon fundamentalist leader asks court to exclude evidence against him in Canadian constitutional case on polygamy

Fundamentalist Mormon spokeswoman says polygamy doesn't hurt anyone

Mormon fundamentalist claims of religious persecution in Canadian constitutional case on polygamy not supported by the facts

Polygamist leader says BC attorney general guilty of religious persecution

Polygamist leader calls charges religious persecution

More persecution than prosecution

Second Mormon polygamist found guilty of child sex assault, jury doesn't buy defense claim of religious persecution

Claims of persecution ridiculous in societies where Christians have special privileges to indoctrinate children

More pro-polygamy affidavits by Mormon fundamentalists filed in Canadian constitutional case set to begin in November

Judge will allow anonymous testimony from Mormon polygamists in Canadian constitutional case on polygamy

Mormon polygamists seek immunity from future prosecution before giving evidence in Canadian constitutional case

Canadian constitutional case on polygamy triggered by Mormon fundamentalists, but will also examine Muslim communities

Utah law professor uses Mormon polygamists as example of how religious extremism leads to deliberate child abuse

Polygyny and Canada’s Obligations under International Human Rights Law (pdf)

Research paper submitted to B.C. court in constitutional case documents harms associated with polygamy

Man from Bountiful says girls in Mormon polygamist communities "treated like poison snakes", taught to obey men and have many children

Bountiful evidence that polygamy harms women and children - constitutional case likely to reach Canadian Supreme Court

Review of the positions 12 intervener groups are expected to take in upcoming Canadian constitutional case on polygamy

Some religious practices, such as polygamy, are inherently harmful and should not be tolerated in modern society 

Women's adovcates: polygamy is an “oppressive institution” that abuses and enslaves women and children

Prosecuting Polygamy in El Dorado by Marci Hamilton

Senate Judiciary Committee Holds Hearings on Polygamy Crimes: What Needs to Be Done at the Federal Level to Protect Children from Abuse and Neglect

Senate hearing: "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response."

Texas Will Attempt to Show That Polygamist Culture Itself Harms Children

FLDS defendants complain their religious freedom violated, while denying religious freedom to their children

Children in Bountiful have religious rights too, but are denied them by parents claiming religious freedom 

Some Canadian children are protected from religion-related abuse, while others are not

Polygamy is not freedom

Israeli politicians and women's advocates call for immediate change to polygamy law to protect rights of women and children

New study on polygamy in Malaysia finds evidence of harm to everyone involved

Indonesian Women's Association divided on whether polygamy, which is legal in Indonesia, is harmful to women and children




No comments:

Post a Comment