Rebecca Musser
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In the Supreme Court of British Columbia
BC su Poligamia IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588 Date: 20111123 Docket: S097767 Registry: Vancouver In the Matter of: The Constitutional Question Act, R.S.B.C. 1986, c 68 And In the Matter of: The Canadian Charter of Rights and Freedoms And in the Matter of: A Reference by The Lieutenant Governor In Council Set Out in Order In Council No. 533 dated October 22, 2009 concerning the Constitutionality of s. 293 of the Criminal Code of Canada, R.S.C. 1985, c. C-46 Before: The Honourable Chief Justice Bauman Reasons for Judgment Counsel for the Attorney General of British Columbia: Counsel for the Attorney General of Canada: Counsel for the Reference Amicus: Counsel for the Interested Persons: Beyond Borders: Ensuring Global Justice for Children: British Columbia Civil Liberties Association: British Columbia Teachers’ Federation: Canadian Association for Free Expression: Canadian Coalition for the Rights of Children and the David Asper Centre for Constitutional Rights: Canadian Polyamory Advocacy Assoc.: Christian Legal Fellowship: James Marion Oler and the Fundamentalist Church of Jesus Christ of Latter Day Saints: REAL Women of Canada: Stop Polygamy in Canada: West Coast Legal Education and Action Fund: Place and Dates of Trial: Place and Date of Judgment: Table of Contents I. INTRODUCTION II. COURSE OF PROCEEDINGS A. The Reference Questions B. The Participants C. The Evidence D. Webcast of Final Submissions III. EVIDENTIARY ISSUES A. Factors Justifying a Liberal Approach to Admissibility in a Trial Reference 1. The Importance of Evidence in Charter Litigation 2. -
USA: Arrestation Du Chef D'une Secte Polygame Recherch Par Le
Religious leader's capture a relief to alleged victims Daphne Bramham, CanWest News Service; Vancouver Sun National Post, Wednesday, August 30, 2006 VANCOUVER - The arrest of fundamentalist Mormon leader Warren Jeffs Monday night near Las Vegas was a fluke. Nevada Highway Patrol officers couldn't read the temporary licence on the maroon Cadillac Escalade so they pulled it over. Inside was the prophet of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), chowing down on a salad. Jeffs is on the FBI's 10 Most Wanted list along with Osama bin Laden. In the SUV with Jeffs were his brother, Isaac Steve Jeffs, and one of Warren's wives, 33-year-old Naomi Jeffs, who at 17 became a plural wife to Warren's father, Rulon, the previous prophet who died in September 2002. Warren Jeffs, 50, had been on the run for nearly two years. He's wanted for fleeing prosecution on sex charges in both Arizona and Utah related to his arranging and performing marriages between under-age girls and older men. As serious as the charges are against Jeffs, they wouldn't normally have landed him on the most- wanted list. He's there because the attorneys-general of Utah, Arizona and British Columbia believe Jeffs has done many worse things while exercising complete control over more than 12,000 or so followers in Utah, Arizona, Idaho, Colorado, Texas, Mexico and Bountiful, B.C. ''The arrest is a major step toward ending Jeffs's tyrannical rule,'' Arizona Attorney-General Terry Goddard said Tuesday. ''He showed flagrant disregard for subpoenas and arrest warrants and told his followers that the law didn't apply to him.'' B.C. -
Opinion Polygamy and the Rights of Women 2010
Conseil du statut de la Opinion Polygamy and the rights of women 2010 1 Conseil du statut de la Opinion Polygamy and the rights of women 2010 La traduction de l’avis du Conseil La polygamie au regard du droit des femmes (novembre 2010) a été réalisée pour le compte de la Cour suprême de la Colombie-Britannique dans le cadre d’une cause jugée en 2011 pour déterminer si l’interdiction de la polygamie par le gouvernement de cette province est cohérente avec les libertés garanties par la Charte canadienne des droits et libertés. The Conseil du statut de la femme is a study and advisory council which was established in 1973. It gives its opinions on all of the topics related to respect of equality, rights and status of women in Quebec. The Conseil is made up of a female Chair and 10 female members from women’s associations, universities, socio-economic groups as well as from trade unions. This opinion was adopted at the 229th members meeting of the Conseil du statut de la femme on September 17, 2010. The members of the Conseil are (2010) Christine Pelchat, Chair, Nathalie Chapados, Véronique De Sève, Francyne Ducharme, Roxane Duhamel, Marjolaine Étienne, Carole Gingras, Élaine Hémond, Rakia Laroui, Ludmilla Prismy and Catherine des Rivières-Pigeon. We would like to particularly thank, Louise Langevin, professeur at the Faculty of Law at Laval University for her precious commentaries. Research, Writing and Translation Validation Research and Writing Coordination Yolande Geadah, M.A. Marie-Andrée Allard, Christiane Pelchat Collaboration Publishing Coordination (French) Caroline Beauchamp, LL.B. -
Latter-Day Screens
Latter- day Screens This page intentionally left blank Latter- day Screens GENDER, SEXUALITY, AND MEDIATED MORMONISM Brenda R. Weber duke university press durham and london 2019 © 2019 DUKE UNIVERSITY PRESS. All rights reserved Printed in the United States of Amer i ca on acid- free paper ∞ Designed by Courtney Leigh Baker Typeset in Minion Pro and Helvetica Neue by Westchester Publishing Services Library of Congress Control Number: 2019943713 isbn 9781478004264 (hardcover : alk. paper) isbn 9781478004868 (pbk. : alk. paper) isbn 9781478005292 (ebook) Cover art: Big Love (hbo, 2006–11). Publication of this open monograph was the result of Indiana University’s participation in TOME (Toward an Open Monograph Ecosystem), a col- laboration of the Association of American Universities, the Association of University Presses, and the Association of Research Libraries. TOME aims to expand the reach of long-form humanities and social science scholarship including digital scholarship. Additionally, the program looks to ensure the sustainability of university press monograph publishing by supporting the highest quality scholarship and promoting a new ecology of scholarly publishing in which authors’ institutions bear the publication costs. Funding from Indiana University made it possible to open this publication to the world. This work was partially funded by the Office of the Vice Provost of Research and the IU Libraries. For Michael and Stacey, my North Stars This page intentionally left blank CONTENTS Acknowl edgments ix Past as Prologue. Latter- day Screens and History 1 Introduction. “Well, We Are a Curiosity, Ain’t We?”: Mediated Mormonism 13 1. Mormonism as Meme and Analytic: Spiritual Neoliberalism, Image Management, and Transmediated Salvation 49 2. -
Revelation of the Lord Given to President Warren S. Jeffs · at Washington County, Utah (In Prison) Tuesday, May 1,2007
Revelation of the Lord Given to President Warren S. Jeffs · At Washington County, Utah (In Prison) Tuesday, May 1,2007 1. Thus saith the Lord unto you, 7. Zion will be redeemed in this my servant Warren Jeffs: generation; and my people shall be 2. I. the Lord, am well pleased driven and plundered by mine with the Quorum of the First enemies. to humble them sufficient Presidency of the the Church of to turn to the Lord their God with Jesus Christ of Latter-day Saints, full purpose ofheart for deliverance. both as individuals and as a 8. And I will hear their prayers in Quorum; the day of visitation, those who have 3. For thy brethren in this Quorum purified their lives in me, and who have sought unto me, to establish in are full of my redeeming love unto a their lives a Celestial oneness in the remission of their sins through faith bonds of the holy Priesthood. in my name, even Jesus Christ, the Father and the Son; in whose name 4. And as you, my servant, have redemption cometh to all men who been tested and tried beyond come unto me with fruits meet for measure by the powers of darkness; repentance and endure unto the end. thy brethren have stood by thee. in me and through my power, to be a 9. And though earth and hell strength in building up and combine against you, my servant, . and m eo Ie; I, the Lord, will open e way 0 e verance or e 5. -
Fundamentalist Rhetorics of Self-Determination: a Feminist Conundrum
FUNDAMENTALIST RHETORICS OF SELF-DETERMINATION: A FEMINIST CONUNDRUM ___________________________________________________ A Thesis presented to the Faculty of the Graduate School University of Missouri ___________________________________________________ In Partial Fulfillment Of the Requirements for the Degree Master of Arts ___________________________________________________ by NAOMI KATHERINE PEACHY CLARK Dr. Rebecca Dingo, Thesis Supervisor MAY 2010 DEDICATION For Derrick…this project would have been impossible without your continual sacrifice and support; you are a true partner. For Mom, Margaret, and Rachel…your supportive child care got me through the final push. For Liberty … you remind me every day why my work is important. The undersigned, appointed by the Dean of the Graduate School, have examined the thesis entitled FUNDAMENTALIST RHETORICS OF SELF-DETERMINATION: A FEMINIST CONUNDRUM Presented by Naomi Katherine Peachy Clark, A candidate for the degree of Master of Arts, And hereby certify that, in their opinion, it is worthy of acceptance. ________________________________ Professor Rebecca Dingo ________________________________ Professor Martha Patton ________________________________ Professor Enid Schatz ACKNOWLEDGEMENTS I would like to thank Rebecca Dingo for her unfailing encouragement, understanding, and advice that saw me through the long months of this project. I sincerely appreciate Marty Patton’s helpful suggestions at critical points and Enid Schatz’s participation in spite of directional shifts along the way. I also -
Opening Statement of Beyond Borders
No. S-097767 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE MATTER OF: THE CONSTITUTIONAL QUESTION ACT, R.S.B.C. 1986, c. 68 AND IN THE MATTER OF: THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS AND IN THE MATTER OF: A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT IN ORDER IN COUNCIL NO. 533 DATED OCTOBER 22, 2009 CONCERNING THE CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA, R.S.C. 1985, c. C-46 OPENING STATEMENT OF BEYOND BORDERS 1. This is the statement of Beyond Borders summarizing its submissions that section 293 of the Criminal Code of Canada complies with the Charter of Rights and Freedoms. 2. The reference questions are: "a. Is section 293 of the Criminal Code of Canada consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent? b. What are the necessary elements of the offence in section 293 of the Criminal Code of Canada? Without limiting this question, does section 293 require that the polygamy or conjugal union in question involved a minor, or occurred in a context of dependence, exploitation, abuse of authority, a gross imbalance of power, or undue influence?" 2 3. The answer of Beyond Borders to the reference questions are these: a. Section 293 of the Criminal Code of Canada is consistent with the Canadian Charter of Rights and Freedoms. If not in general, it is at least consistent with the Charter where the polygamy or conjugal union in question involves a minor. -
Religious Basis for Contemporary Mormon Polygamy
1 “What’s Love Got to Do with It?” Earthly Experience of Celestial Marriage, Past and Present Carrie A. Miles 2008 This is a draft of the chapter was printed in Modern Polygamy in the United States, Cardel Jacobson with Lara Burton (eds.), Oxford University Press, 2011. In 1842, Joseph Smith -- the founder of Mormonism and first practitioner of LDS celestial or plural marriage -- proposed marriage to Lucy Walker, a sixteen year old girl who had come to live with him and his wife Emma after her mother died. Lucy was understandably disturbed by this proposal. Joseph tried to reassure her, but ultimately confessed, "I have no flattering words to offer."1 Scholars have offered many explanations for why a group of Christians in nineteenth century America should begin to practice a form of marriage then derided as a "relic of barbarism." But it's not clear if any of them explain why an already-married Prophet of God The official Church of Jesus Christ of Latter-day Saints has expressed a preference not to be called “Mormon,” but to be referred to by its full name on first usage, with the acronym LDS in following uses. I use the term Mormon in this paper because I am referring not just to the LDS Church but to the broader range of groups that descended from the founding of the LDS Church. © Carrie Miles 2011 2 would propose an illegal marriage to an astonished teenager without professing either admiration, love, or even lust for her. Even less do they explain why a young girl should agree to such an apparently passionless marriage to a man twice her age. -
The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed
William & Mary Journal of Race, Gender, and Social Justice Volume 16 (2009-2010) Issue 3 William & Mary Journal of Women and Article 2 the Law April 2010 The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed Jessica Dixon Weaver Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Fourteenth Amendment Commons Repository Citation Jessica Dixon Weaver, The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed, 16 Wm. & Mary J. Women & L. 449 (2010), https://scholarship.law.wm.edu/ wmjowl/vol16/iss3/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl THE TEXAS MIS-STEP: WHY THE LARGEST CHILD REMOVAL IN MODERN U.S. HISTORY FAILED JESSICA DIXON WEAVER* This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This imper- missible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor females to spiritually marry older adult males sparked questions as to how far the Free Exercise Clause of the First Amendment and the Fourteenth Amendment go in protecting religious freedom and parental rights. -
Texas Court of Appeals, Third District, at Austin
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00272-CR Lehi Barlow Jeffs aka Lehi Barlow Allred,, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF SCHLEICHER COUNTY, 51ST JUDICIAL DISTRICT NO. 1000, THE HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING M E M O R A N D U M O P I N I O N Appellant Lehi Barlow Jeffs aka Lehi Barlow Allred, pleaded no contest to an indictment accusing him of sexually assaulting a child. See Tex. Penal Code Ann. § 22.011(a)(2)(A) (West 2011). The district court adjudged him guilty and assessed punishment at eight years’ imprisonment, in accordance with a plea bargain agreement. Appellant brings forward twenty-five points of error. The first twenty-one points assert that the trial court erred by denying his pretrial motion to suppress evidence. The remaining four points complain about the trial court’s denial of his motion to quash the indictment. We affirm the conviction. I. BACKGROUND The YFZ (Yearning for Zion) Ranch is a 1,691-acre property near Eldorado in Schleicher County. More than two hundred persons lived on the ranch in 2008, all of them members of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). Among the structures on the property were a temple and a temple annex, nineteen residential buildings, a school, a clinic, a warehouse, a water treatment plant, and several commercial buildings. County tax records reflected that the land and improvements were owned by a single entity, YFZ Land, LLC. The ranch property was not subdivided, and there was no evidence that any of the buildings were owned or leased by an individual. -
The Theory of Collective Memory and the 1953 Short Creek Raid
THE THEORY OF COLLECTIVE MEMORY AND THE 1953 SHORT CREEK RAID by Brooke Adams A thesis submitted to the faculty of The University of Utah in partial fulfillment of the requirements for the degree of Master of Science in Human Development and Social Policy Department of Family and Consumer Studies The University of Utah May 2012 Copyright © Brooke Adams 2012 All Rights Reserved The University of Utah Graduate School STATEMENT OF THESIS APPROVAL The thesis of Brooke Adams has been approved by the following supervisory committee members: Cheryl Wright , Chair Dec. 14, 2011 Date Approved Marissa Diener , Member Dec. 14, 2011 Date Approved Sonia Salari , Member Dec. 14, 2011 Date Approved Scott Wright , Member Dec. 14, 2011 Date Approved and by Russ Isabella , Chair of the Department of Family and Consumer Studies and by Charles A. Wight, Dean of The Graduate School. ABSTRACT A key question in collective memory research is how such memories are created and shared over time. This study consisted of a qualitative content analysis of documentary artifacts to determine whether there is a collective memory of the 1953 Short Creek Raid and, if so, how it developed and contributes to an ongoing sense of identity for some Fundamentalist Mormons. Documents were divided into three separate time periods. These documents included media interviews, personal essays, a commemorative calendar, speeches, religious sermons, a school curriculum and a best- selling book written by a former polygamous wife. Each document was analyzed using a protocol sheet with an initial set of categories, such as “divine intervention,” “heroes” and “us versus them.” The study found the 1953 Short Creek Raid is the basis for a collective memory. -
Joan Macleod
A NOTE ON THE PLAYWRIGHT- JOAN MACLEOD CONTENTS ABOUT THE PLAYWRIGHT ............................................................................................................................... 3 PLAYWRIGHT’S NOTES ....................................................................................................................................... 4 DIRECTOR’S NOTES .............................................................................................................................................. 5 DESIGN ..................................................................................................................................................................... 6 Costume ........................................................................................................................................................ 6 Set ................................................................................................................................................................... 7 THEMES & TOPICS ................................................................................................................................................ 8 ADDITIONAL READING ................................................................................................................................... 10 What is the FLDS? ................................................................................................................................... 10 Polygamy....................................................................................................................................................