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1-25-11Transcript Canadian Reference Case on Polygamy -Day26 Testimony & Cross Examination of Witness # 2

1-25-11Transcript Canadian Reference Case on Polygamy -Day26 Testimony & Cross Examination of Witness # 2

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Published by borninbrooklyn
Testimony and cross examination of anonymous FLDS Witness # 2, who denies any knowledge of underage marriages in Bountiful.
Testimony and cross examination of anonymous FLDS Witness # 2, who denies any knowledge of underage marriages in Bountiful.

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Published by: borninbrooklyn on Feb 19, 2011
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1Preliminary matters1 January 25, 20112 Vancouver, B.C.34 (DAY 26)5 (PROCEEDINGS COMMENCED AT 10:00 A.M.)67 THE CLERK: Order in court. In the Supreme Court of8 British Columbia at Vancouver, this 25th day of9 January 2011. Calling the matter concerning the10 constitutionality of section 293 of the Criminal11 Code, My Lord.12 MR. WICKETT: My Lord, I believe my learned friend13 Mr. Jones wants to address a couple of matters14 before we commence with evidence.15 THE COURT: Yes. Thank you. Is everything working in16 55, Mr. Jones?17 MR. JONES: I beg your pardon, My Lord.18 THE COURT: Is everything working in courtroom 55?19 MR. JONES: It does seem to be, My Lord. The only20 difficulty is when we speak over one another and I21 think we can avoid that.22 THE COURT: Okay.23 MR. JONES: I just wanted to address quickly two24 housekeeping matters. One, there's been a lot of25 back and forth among counsel regarding schedule26 for this week and Your Lordship hasn't been privy27 to that so I thought I would, subject to your28 direction, tell you what we've decided.29 We have four days this week. It's anticipated30 that the two -- sorry, the three anonymous31 witnesses will go into tomorrow and possibly32 consume those two days. On Thursday we have plans33 to make submissions and argument regarding several34 affidavits that have not yet been admitted. There35 are several outstanding. My friends have36 indicated that they don't object to some and they37 do object to others. So we would propose to argue38 that at that time.39 One of the affidavits, or two of the40 affidavits in dispute are the education affidavits41 of Mr. Munro and Mr. Vanderboom. And we have made42 both of those witnesses available for43 cross-examination by my friend, if they need to,44 on the Friday following the argument, assuming45 that their affidavits are admitted.46 There's one other matter that arises from that47 and that is my friends have asked us to provide
2Preliminary matters1 the raw data from the education authorities that2 underlies those affidavits, and we're certainly3 willing to do so and it's technically possible to4 do it in plenty of time, but because of FOIPA we5 seek the Court's direction that we do so. So we6 seek a direction that the Attorney General of7 British Columbia provide the raw data underlying8 the affidavits of Mr. Munro and Mr. Vanderboom to9 counsel for the FLDS to counsel -- or the amicus10 and to any other counsel that has signed on to11 cross-examine these two gentlemen.12 THE COURT: So is the information aggregated?13 MR. JONES: It's -- it's in the form of a database,14 My Lord, and in the form that it's been requested,15 they have requested it redacted of names which is16 good because that's the way we have it, but with17 what's called a personal education numbers, the18 PENs, which is the method by which a student's19 progress, if I can put it that way, is tracked20 through. So this would be confidential21 information or private information within the22 terms of FOIPA.23 Obviously we are allowed to submit it for the24 purposes of litigation, but we're just more25 comfortable doing so with the direction from the26 Court because we're releasing in the sense of27 advance of it being used in advance of the28 litigation being used in this case.29 THE COURT: Okay. Mr. Wickett, did you have something?30 MR. WICKETT: No, Mr. Jones has fairly put the case31 forward. We have sought this information with32 respect to cross-examination if the affidavits are33 admitted, and so long as the names of the students34 frankly are omitted I believe that that is35 sufficient for privacy purposes and for protecting36 these students.37 THE COURT: Okay. Any other submissions on that? Then38 I'll make the requested direction.39 MR. JONES: Thank you, My Lord.40 THE COURT: Anything else?41 MR. JONES: Just one other thing, My Lord, with respect42 to counsel introductions. We have signed and43 given to the sheriff the usual sign-in sheet and44 we propose just to have any counsel who speaks45 identify themselves before they do so.46 THE COURT: Thank you. Okay. Then are we prepared to47 proceed with the witness?
3Witness No. 2 (for FLDS)In chief by Mr. Wickett1 MR. WICKETT: Yes, My Lord, we are.23 WITNESS NO. 2, a witness,4 called by the FLDS, sworn.56 EXAMINATION IN CHIEF BY MR. WICKETT:7 Q I will try to avoid calling you Witness No. 2,8 which sounds rather formal, but you have sworn an9 affidavit in this proceeding?10 A I have.11 Q And it's before you?12 A Yes.13 Q And on the fourth page is a signature that says14 Witness No. 2?15 A Yes.16 Q Is that your signature?17 A It is.18 MR. WICKETT: And, My Lord, this is Exhibit number 79.19 THE COURT: Yes, thank you.20 MR. WICKETT:21 Q You are currently in your early 40s?22 A Yes, I am.23 Q And where were you born?24 A In Creston, BC.25 Q And you're a member of the FLDS church?26 A I am.27 Q And you were born into it?28 A Yes.29 Q Were you raised in a family that practised plural30 marriage?31 A Yes.32 Q When you grew up how many wives did your father33 have?34 A He had five.35 Q And when you grew up were all of them in the36 house?37 A There were three in the home I lived in.38 Q And when you grew up how many children were39 residing in the family home?40 A At the time I was there approximately 30.41 Q And roughly how many -- or how many children did42 your mother have -- how many children are43 biologically the children of your mother?44 A 15.45 Q Now, have some of your siblings left the FLDS46 community?47 A Yes. Three have.

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