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12 01 2010 Transcript Reference Case Day 7 Cross Examination of Prof Angela Campbell

12 01 2010 Transcript Reference Case Day 7 Cross Examination of Prof Angela Campbell

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Published by borninbrooklyn
Transcript of Day 7 of the Canadian Reference Case on Polygamy - Cross Examination of Prof Angela Campbell
Transcript of Day 7 of the Canadian Reference Case on Polygamy - Cross Examination of Prof Angela Campbell

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Published by: borninbrooklyn on Feb 11, 2011
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02/11/2011

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1Preliminary matters1 December 1, 20102 Vancouver, B.C.34 (DAY 7)5 (PROCEEDINGS COMMENCED AT 10:00 A.M.)67 THE CLERK: Order in court. In the Supreme Court of8 British Columbia at Vancouver on this 1st day of9 December 2010 recalling the matter concerning the10 constitutionality of section 293 of the Criminal11 Code, My Lord.12 Witness, I remind you you're under oath.13 THE COURT: Did we want to mark the exhibits, Madam14 Registrar?15 THE CLERK: Yes, please, My Lord.16 THE COURT: So these are the six exhibits from the voir17 dire?18 THE CLERK: Okay. Exhibit 1 on the voir dire, My Lord,19 becomes Exhibit 100.2021 EXHIBIT 100: 1 clear-covered cerlox brief; 1122 page letter dated November 18, 2010 to23 Craig E. Jones and Deborah J. Strachan from24 Ludmila B. Herbst; Tabs25 A - G; p/c2627 THE COURT: Thank you.28 THE CLERK: Exhibit 2 on the voir dire becomes29 Exhibit 101.3031 EXHIBIT 101: 1 white 3" binder titled "Cross32 Examination of Angela Campbell", 1 page33 Index in clear plastic sleeve, tabs 1 - 11, p/c3435 THE CLERK: Exhibit 3 on the voir dire becomes36 Exhibit 102.3738 EXHIBIT 102: 4 page p/c document; first page39 titled Research Design..., Third Edition40 by John W. Creswell4142 THE CLERK: Exhibit 4 on the voir dire becomes43 Exhibit 103.4445 EXHIBIT 103: 8 page p/c document, first page46 titled Collecting and Interpreting47 Qualitative Materials, Second Edition, by Norman
 
2Angela Campbell (for Amicus)In chief by Mr. Macintosh1 K. Denzin and Yvonna S. Lincoln23 THE CLERK: Exhibit 5 on the voir dire becomes4 Exhibit 104.56 EXHIBIT 104: 1 white 4" binder untitled7 containing transcripts; 1 page Index; Tabs8 1 - 26; p/c Sealed pursuant to Consent Order of9 Chief Justice Bauman10 dated Nov 23, 20101112 THE REGISTRAR: And Exhibit 6 on the voir dire becomes13 Exhibit 105, My Lord. My Lord, are we also14 marking the two affidavits proper? Exhibits G and15 H.1617 EXHIBIT 105: 7 page p/c document; first page is18 an article titled "'Sister Wives' Have19 Their Say" by Angela Campbell dated July 26, 20082021 THE COURT: Yes, right. So they have the reserve22 numbers.23 THE CLERK: Exhibit G becomes Exhibit 59, My Lord. And24 Exhibit H becomes Exhibit 64, My Lord.2526 EXHIBIT 59: 782 page (excluding tabs) original27 "Affidavit #1 of Angela Campbell" filed Jun 0728 2010"; document separated by tabs A, B, 1 - 16,29 held together with elastic bands3031 EXHIBIT 64: 86 page original "Affidavit #2 of32 Angela Campbell" filed Oct 18 2010, held with a33 black bulldog clip3435 THE COURT: Thank you. Thank you. Mr. Mackintosh.3637 EXAMINATION IN CHIEF BY MR. MACINTOSH:38 Q Professor Campbell, if you could place in front of39 you what is now the Exhibit 59 which is your first40 affidavit. And it's the one which was filed41 June 4th.42 MR. MACINTOSH: My Lord, what I intend to do, if it43 pleases the Court, is take Professor Campbell44 through the affidavit in a way that I hope is45 somewhat time efficient. In her two affidavits46 are a number of headings and subheadings. I'm47 going to take her to those, ask her to advise the
 
3Angela Campbell (for Amicus)In chief by Mr. Macintosh1 court of what her purpose was in that part of the2 affidavit and then simply summarize what the3 affidavit says in that part and hope that that is4 expeditious.5 Q And with that in mind, Professor, could you turn6 in your first affidavit Exhibit 59 to page 8.7 And there's a title there "Marriage in FLDS8 Theology." And in accordance with what I was9 saying to the Chief Justice, could you first tell10 the Court what you were purporting to address11 there.12 A So in this section of this affidavit I sought to13 set out pursuant to the literature on FLDS14 scripture what the role of marriage is within FLDS15 theology.16 Q And from the review that you did you reached17 conclusions, and what conclusions did you reach?18 A Basically I set out in the very first sentence in19 that subsection that marriage is the central20 institution within Mormonism generally and that21 there are three perceived kingdoms of heaven22 within Mormon scripture. The highest one has been23 viewed as being obtained pursuant to the practice24 of polygamy as of the early to mid 19th century25 and that was pursuant to the teachings of26 Mormonism's founder Joseph Smith.27 The practice of polygamy was instated in about28 the 1830s. It was a controversial practice in the29 United States when it was first implemented and30 taken up. It caused extensive political31 controversy, and pursuant to a manifesto that was32 declared in 1890 the Mormon church indicated that33 polygamy should cease and this was in connection34 with the State of Utah's or the territory of Utah35 aiming to achieve statehood at that moment.36 However polygamy continued.37 A second manifesto was issued early in the38 20th century and at that moment the Mormon church39 essentially divided such that mainstream, they40 call them Mormons, no longer took up the practice41 of polygamy whereas fundamentalists continue the42 practice believing it was the way to achieve43 salvation or the celestial kingdom of God.44 Q And another topic in the affidavit begins at45 page 13 and that is under the heading of "The46 Marriage Practices in Bountiful" and summarize for47 the court what you were addressing and what your

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