Pages

14 Apr 2011

FLDS lawyer's closing argument in constitutional case on polygamy ignores children's right to religious freedom



Vancouver Sun - Canada April 13, 2011

Court must clearly define polygamy if law upheld: lawyer

By Daphne Bramham, Vancouver Sun columnist




VANCOUVER -- If Canada's polygamy law is upheld, the court must clearly define the practise and spell out what polygamists must do to comply with the law, the lawyer for the Fundamentalist Church of Jesus Christ of Latter Day Saints said Wednesday.

Robert Wickett noted that when special prosecutor Richard Peck recommended a constitutional reference case to determine whether the law is valid, he did so because he believed that the fundamentalist Mormons in Bountiful needed fair notice that the status quo had changed.

In 1992, the B.C. government declined to prosecute two men from Bountiful because it had legal opinions suggesting that the polygamy law breached the constitutional guarantee of religious freedom and possibly the guarantees of freedom of association and expression.

As a result, there were no polygamy charges laid until 2009 when then-attorney general Wally Oppal decided that the best way to test the law was within the context of a criminal trial. He hired another special prosecutor who agreed. Winston Blackmore and James Oler -- two of Bountiful's leaders -- were subsequently charged with one count each of polygamy. Those charges were stayed after a judge determined that the second prosecutor was improperly hired.

Wickett made the comments Wednesday in his closing argument in the constitutional reference case that's being heard by Chief Justice Robert Bauman of the B.C. Supreme Court.

However, Wickett argued that the law ought to be struck down because it doesn't criminalize the conjugal relationship, it criminalizes the specific intent to agree to a multi-partner, conjugal relationship.

Section 293 of the Criminal Code says: "Everyone who practises or enters into or in any manner agrees or consents to the practice or enter into any form of polygamy, or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or celebrates or assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship . . . is guilty of an indictable offense."

Under that definition, Wickett said the law creates "a crime of status."

A Bountiful man who has two wives and their children in separate houses is guilty because he treats it as a lifelong commitment and proclaims it to be a marriage.

But, he said, a man who is not lawfully married could live with two women, have children, share expenses and support one another and not be a criminal because they have not agreed to treat the relationship as enduring or binding.

Equally, Wickett said, sisters who live together, support each other and agree to treat their relationship as enduring, would be criminals.

The FLDS lawyer also accused lawyers for the attorney-general of B.C. and the Christian Legal Fellowship of stereotyping the women of Bountiful as victims unable to make decisions on their own. He urged the chief justice not to give any consideration to that characterization, adding that it is stereotyping that "would not be seen or countenanced with any other community -- aboriginal, religious or otherwise."

He also told the court that the church does not condone or excuse any criminal acts against children. The majority of FLDS members, he said, are hard-working, law-abiding citizens and it would be wrong to visit the crimes of some on an entire faith or an entire community.

In making his decision, Wickett urged the chief justice to be cautious with evidence submitted late in the trial listing 31 under-aged girls who were allegedly trafficked between Canada and the United States by their fathers and brothers to become brides of older men. Although lawyers for the attorney-general of B.C. say there are church documents and the church prophet's diaries corroborating the list, Wickett said the evidence is based on hearsay.

But if the evidence is true, Wickett said there are other criminal laws available to deal with that. The polygamy law, he said, is "utterly unnecessary to deal with those harms."

What the FLDS wants, he said, is that the polygamy law be struck down as inconsistent with the Constitution's guarantees of religious freedom, freedom of association and liberty.

The case resumes on Friday when the lawyers for the attorneys general of B.C. and Canada will have a chance to rebut the closing arguments of those who favour striking the law.

This article was found at:


*****************************************************************

The Canadian Press  -  April 13, 2011

Don't punish polygamists of Bountiful, B.C., for the sins of a few: lawyer

By James Keller, The Canadian Press




VANCOUVER — The polygamous families living in Bountiful, B.C., shouldn't be ripped apart because some in the community may have committed crimes, a lawyer for the isolated religious sect told court Wednesday.

Robert Wickett, who represents the Fundamentalist Church of Jesus Christ of Latter-day Saints, or FLDS, didn't deny the allegations of abuse, child brides and human trafficking that have become central to the debate about whether polygamy should remain illegal.

Instead, Wickett said if some members of the community have committed crimes, only they should be punished for them.

"It is not the position of the church that criminal acts, including child abuse or other crimes, that may have been committed in the community are to be excused or condoned," said Wickett said during the final week of arguments in B.C. Supreme Court.

"This church, like any other, is comprised of a vast variety of people. Most are hard-working, law abiding citizens. Some may have committed crimes, but it would be wrong to visit the crimes of some upon an entire community."

The landmark case is examining whether Canada's laws against polygamy are constitutional.

It was prompted by the failed prosecution in 2009 of two men from Bountiful, a community of about 1,000 people near Creston, B.C., not far from the Canada-U.S. border. Unlike the mainstream Mormon church, which renounced polygamy more than a century ago, followers of the FLDS believe plural marriage will benefit them in heaven.

The court has heard that about 100 residents in Bountiful are husbands and wives in polygamous marriages.

Wickett said if the law is upheld, those families would have two choices: they could either voluntarily end their marriages, in some cases separating children from their parents, or face criminal charges.

"I urge you to consider the impact of those inevitable prosecutions upon the families in Bountiful," Wickett told Chief Justice Robert Bauman.

The law would "dismember their families."

The provincial and federal governments have argued polygamy inherently causes a long list of harms, including abuse, the trafficking of young girls to be married, substandard education and the casting off of young boys. The governments have insisted all are present in Bountiful.

The court has heard shocking allegations including the marriages of teenage girls, some as young as 12, to much older men in the United States, as well as American teens being moved to Canada to marry men in Bountiful.

Former residents of Bountiful and its sister communities in the FLDS recounted stories of sexual and physical abuse, forced marriage and child labour.

Wickett made no attempt to refute those allegations, but he said upholding the polygamy law is not the answer.

"If the allegations are true, they should be dealt with according to the available laws," he said, referring the cross-border marriages. "Section 293 (of the Criminal Code, which prohibits polygamy) will play no part and is utterly unnecessary to deal with such harms."

Wickett also questioned the claim that polygamy itself is to blame for cases of alleged abuse within Bountiful and the FLDS.

He noted the court also heard from other fundamentalist Mormons, including women currently living in Bountiful, who testified they were happy with their lives and freely chose to live in polygamous marriages.

"The negative experiences of some within the FLDS or Mormon polygamy generally are not the experiences of all," said Wickett.

"They're all polygamists. The differences in their experiences relate to the behaviour of individuals within the community and within their relationships."

The community has been under the scrutiny for two decades, but police and prosecutors had resisted laying charges over concerns the law was unconstitutional.

That changed in 2009, when Winston Blackmore and James Oler were each charged with practising polygamy. The charges were thrown out later that year.

Blackmore and Oler each lead separate, divided factions within Bountiful. Wickett represents the side aligned with Oler, while Blackmore's congregation has boycotted the hearings altogether.

The court has heard Blackmore has as many as 25 wives and more than 130 children, while Oler is believed to be married to five women.

Both Blackmore and Oler were implicated in FLDS records seized in Texas that outlined more than 30 cross-border marriages involving teen girls.

Oler and Blackmore were each alleged to have travelled to the United States to marry children, and both men were also accused of bringing their own teenage daughters across the border to be married.


This article was found at:

http://www.google.com/hostednews/canadianpress/article/ALeqM5jWseOf8pU87Asvn7xLrevvT5j51w?docId=6555207


RELATED ARTICLES ON THIS BLOG:




Mormon fundamentalist asks court to prevent evidence in tax trial from being used in criminal cases related to polygamy


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


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


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.


Another closing argument in Canadian polygamy case claims religious freedom for adults trumps children's rights


Author gives overview of history of marriage in context of the Canadian constitutional case on polygamy law



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

BC government has acted quicker to protect animals than the abused children of Mormon fundamentalists in Bountiful

Children's rights group tells court BC put rights of Mormon fundamentalist parents before rights of children

Teachers tell court BC government neglected children's educational rights in Mormon fundamentalist community

Court appointed lawyer says Canadian polygamy law criminalizes harmless behaviour, violates religious freedom of adults

Research from over 170 countries shows polygamy causes extreme violations of women and children's rights

Author who escaped abuse in US polygamy cult explains why Canadian constitutional case is so important in both countries

Evidence in Canadian polygamy case shows Mormon leader trafficked his daughters and other child brides to US

Religious practice not above the law, polygamy consumes its young says Attorney General of BC in closing argument

Summary of positions in Canadian constitutional case on polygamy as court begins hearing final oral arguments

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

A review of the Canadian constitutional case on polygamy after completion of testimonies

Canadian Muslim polygamists closely watching landmark constitutional case on Canadian polygamy law

Economics professor considers financial aspects of polygamy that create inequality

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

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

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

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

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

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

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

Religious practice not above the law, polygamy consumes its young says Attorney General of BC in closing argument

Summary of positions in Canadian constitutional case on polygamy as court begins hearing final oral arguments

Lawyer fighting Canadian polygamy law says it violates religious freedom, need new law against forced marriage

BC Civil Liberties Association lawyer defends adult human rights in polygamy case, no mention of children's rights

BC Civil Liberties Association tells Canadian court law against polygamy violates personal freedoms, should be scrapped

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

FLDS children raised for a life of poverty and servitude to their insane pedophile prophet Warren Jeffs

Child rapist Warren Jeffs predicts doomsday for an "evil wicked sinful world" if he is not freed from prison

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

Warren Jeffs ordered Canadian parents to smuggle daughters as young as 12 into US to be his brides

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

Judge hearing polygamy case asked to allow new evidence of child bride trafficking between Canada and US

Canadian Muslim polygamists closely watching landmark constitutional case on Canadian polygamy law

Rape charge dropped in plea deal for FLDS man who married 14 year old cousin, pleads guilty to lesser charges

Jeffs retakes legal control of FLDS from prison, court rules Utah illegally took over sect's property trust

Intellectual abuse of Mormon fundamentalist children means few will finish high school or go to college

Canadian polygamy case hears additional witnesses, school that intellectually abuses children given top ranking

Utah authorities say ruling in Canadian polygamy case will have no bearing on US law

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

Closing arguments in Canadian polygamy case set for March 2011, but what about evidence of crimes exposed in testimony?

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

Canadian polygamy case hears additional witnesses, school that intellectually abuses children given top ranking

Polygamy prohibition is a reasonable limit on religious freedom to protect the equality rights of women and children

A review of the Canadian constitutional case on polygamy after completion of testimonies

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

Another week of conflicting expert testimony as constitutional hearing on Canadian polygamy law continues

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


No comments:

Post a Comment