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2010 12 02 Transcript Proceedings Canadian Reference Case Day 8

2010 12 02 Transcript Proceedings Canadian Reference Case Day 8

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Published by borninbrooklyn
Video Affidavit of Ruth Lane, former wife of Winston Blackmore, and presentation and cross examination of Dr Beall
Video Affidavit of Ruth Lane, former wife of Winston Blackmore, and presentation and cross examination of Dr Beall

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

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1Ruth Lane (on own behalf)1 December 2, 20102 Vancouver, B.C.34 (DAY 8)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 2nd day of9 December, 2010, recalling the matter of concerning10 the constitutionality of section 293 of the11 Criminal Code, My Lord.12 THE COURT: Madam Registrar, I understand we have13 Ms. Lane on the phone.14 THE CLERK: Yes, My Lord.15 THE COURT: So, Ms. Lane, can you hear me?16 MS. LANE: Yes, I can.17 THE COURT: It's Chief Justice Bauman speaking. And18 where are you calling from?19 MS. LANE: Hurricane, Utah.20 THE COURT: Thank you.21 We have an application before the court22 brought on by the Attorney General of British23 Columbia to ban the publication of the video24 affidavits filed by the Attorney General, one of25 which includes that of Ms. Lane. I have heard the26 media respondents including the CBC, the Vancouver27 Sun and others and Global TV, I believe, as well28 as others who are represented by Mr. Burnett, and29 I have heard the Attorney General of British30 Columbia on the application through Mr. Jones.31 I had reserved my judgment and was prepared to32 deliver it on Tuesday when we learned that33 Ms. Lane wished to address the court. Because I34 am anticipating that Ms. Lane will want to tell us35 things that are really in the nature of evidence36 on the application to ban the publication of the37 exhibit I'll ask her if she objects to being38 affirmed to tell the truth in the proceeding on39 the telephone.40 MS. LANE: No, I have no objection.41 THE COURT: Thank you.4243 RUTH ANN LANE, a witness44 on her own behalf,45 affirmed.4647 THE CLERK: Please state your full name and spell your
 
2Ruth Lane (on own behalf)1 last name for the record.2 THE WITNESS: Ruth Ann Lane, L-a-n-e.3 THE COURT: Thank you, Ms. Lane. Now, you have an4 opportunity to tell us what you wish to tell the5 Court. I should say that normally I would ask6 Mr. Burnett who represents the media if he has any7 questions of you. Do you have any problem with8 that?9 MS. LANE: No, that's not a problem.10 THE COURT: Thank you. And indeed Mr. Jones could ask11 you questions as well. So what would you like to12 tell the Court?13 MS. LANE: Well, first off I don't share my story with14 anybody. I might have appeared on TV and told15 bits and pieces of what had been asked of me at16 that time. I've been very careful to not share my17 story because I realize that the media can make it18 sound what they want -- make it sound how they19 want it to sound, and so because of that I have20 chosen not to speak with anybody different times21 since I have left community.22 I chose to share my story under the23 understanding that, yes, it would be open for the24 public to see it in the court setting or under25 those circumstances, certainly not for media to26 take it and publish the bits and pieces that they27 chose, and that was very -- I can't even describe28 the shock that I saw when I saw their little clip29 and I actually learned of it from one of my30 sisters that are still in the polygamist community31 and I haven't heard from her since because she was32 so upset over it.33 So...34 THE COURT: Is that what you want to say?35 MS. LANE: I have no problem with media reporting on my36 affidavit as far as seeing it in court. I don't37 feel right about them being able to access it and38 especially I have no knowledge of it. It was no39 knowledge that that was going to be a part of my40 sharing of the story for the purpose of this case.41 So, yes, that is what I want to say.42 THE COURT: Thank you very much, Ms. Lane.43 Mr. Burnett, did you want -- or Mr. Jones, do you44 have any questions.45 MR. JONES: I have no questions.46 THE COURT: Did you have anything, Mr. Burnett?47 MR. BURNETT: Just briefly. Yes.
 
3Ruth Lane (on own behalf)Cross-exam by Mr. Burnett1 THE COURT: Yes. Mr. Burnett is going to ask a few2 questions, Ms. Lane.3 THE WITNESS: Okay.45 CROSS-EXAMINATION BY MR. BURNETT:6 Q Ms. Lane, you have seen the video that's on the7 internet, the edited down version of your video8 affidavit?9 A Yes. I did.10 Q And what bit or piece of it do you say was there11 that you haven't previously shared with the world?12 A There are several -- lots of the details were13 edited that -- no, I didn't share the story of how14 I was married. No, I did not share my views on15 how I felt about what Winston has done.16 There's -- pretty much every bit of it.17 Q Well, let me just see here. You'll recall the18 video that's on the internet shows, it says that19 you were the 10th wife and you knew that was20 already public; right?21 A Absolutely.22 Q That he eventually married a total of 25 wives.23 That's public information, isn't it?24 A Absolutely.25 Q Two of the wives you said were 15 years old. That26 was already public?27 A Absolutely.28 Q You talked about how many children he had with the29 various wives and you know that's public?30 A And your point is?31 Q I'm just trying to figure out what wasn't public.32 A My point is not that these things were not public33 knowledge. That I had no knowledge, no warning34 that I was going to be posted online. That is35 what I am objecting to.36 MR. BURNETT: Okay. Thank you very much.37 THE COURT: Thank you. Do you have anything else you38 want to say, Ms. Lane?39 MS. LANE: I definitely don't think that I would have40 shared of myself in that manner had I known that41 the media would be able to take and manipulate the42 contents of that video affidavit to their liking.43 No, I would not have shared. So that's what I44 would like to say.45 THE COURT: Thank you. Thank you very much. Are there46 any further submissions from the lawyers involved47 on the application in light of this evidence?

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