BC Reference Case on Polygamy and Group Marriages

What harms do polygamy laws prevent?
By Kate Heartfield, Ottawa Citizen December 2, 2010
http://www.ottawacitizen.com/techno...laws+prevent/3915133/story.html#ixzz170a0cstY

The polygamy reference case has already made a valuable contribution: It has focused the debate on the question of harm. Apologists for the current law are now having to try to show that polygamy, in and of itself, always and necessarily hurts people. I don't believe they're succeeding, but I do see this as a promising first step toward creating a rational and effective legal strategy for dealing with abuse in polygamous communities.
 
Not related specifically to the case, but this is a rather interesting quick look at what marriage is/was, and how it's changed.

Traditional Marriage Perverts the Tradition of Marriage
by Jeff Goode (Californian)

....
Over a summer of research, I learned a lot of surprising facts about the history of marriage and weddings, but by far the most shocking discovery of all was that the tradition of marriage-as-we-know-it simply did not exist in those days. Almost everything we have come to associate with marriage and weddings - the white dress, the holy vows, the fancy cake and the birdseed - dates back a mere 50 or 100 years at the most. In many cases less....
 
Again, not specific to the case, but this article makes a lot of good points that should be talked about...worth the time to read it.

Critique of Pure Relationships: On Consent and Compulsory Monogamy
Sat, 11 Dec 2010
by Angi Becker Stevens and Alex Upham

One of the most commonly offered objections to the feasibility of non-monogamous romantic relationships is the concept of jealousy. Jealousy is given validation as a perfectly “natural” and unavoidable emotional response to the thought of a romantic partner engaging in physically or emotionally intimate behaviors with others outside of that partnership. Blame for jealousy is rarely placed on the person feeling it, but instead on the person “causing” jealousy in their partner; only in rare cases do people view jealousy as being unwarranted, excessive, or unprovoked. Jealousy is in turn used to make otherwise unsavory behavior permissible; our society often condones possessive and controlling behavior when such behavior is motivated by a desire “to defend one’s territory.” While we commonly reject the idea that one human being has a right to any kind of ownership over another in contexts such as the workplace or an educational institution, we generally take for granted at least some degree of ownership in romantic relationships. How frequently do we hear phrases such as “my woman” or “my man,” particularly with regard to the notion of “protecting our property” from the intrusion of a third party? Even in otherwise relatively egalitarian relationships, this possessiveness is generally seen as acceptable and warranted when there is a perceived threat of infidelity. In the context of compulsory monogamy, jealousy acts as a sort of trump card: Love, society tells us, means willingly refraining from anything that makes our partner feel discomfort and insecurity.
 
Has there been any update in the case? Has it been finalised?

Weekly updates have been usually posted at http://dearpollyamorie.blogspot.com/ ...the last as of Dec 13th:

Thursday, January 6, 2011

Polys in Court - week 4 - Professor Lori Beaman

from transcripts of Dec 13, 2010 - BC Supreme court
Professor Beaman’s discussed the following points:
Re: Harms of polygamy
- in defining the harms of a religious practice to the individual or society the practice that is flagged as harmful is usually that of a minority religion. She noted the Niqab (Muslim dress for women) or the Sikh kerban (ceremonial dagger) as examples. The practices of majority religions are not under the same scrutiny.
- a broader historical and social context would be best in reviewing potentially harmful practices.
- sited three different researchers that have done qualitative research from several perspectives on polygamy and noted that all three had concluded that "while there are some unique or unusual problems that can arise within the context of polygamous relationships some people live quite contentedly within the context of polygyny".
- a researcher must be careful of the weight given to anecdotal information (ie if she used the stories from interviews in transition houses in her research she might have concluded that these horror stories were reflective of monogamous relationships. We can't extrapolate generalities about relationships from such data.


CPAA is still in need of donations to assist in the legal fees required to keep our people involved in the case. Donations can be made via PayPal at http://polyadvocacy.ca/
 
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The following is a recording from a live panel discussion held in Nov a few days before the Reference case started.

http://soundcloud.com/polyamorypanels/what

Questions asked in order are as follows:

-Even if people are living together and there’s no sex involved, can they still be charged under the polygamy law?
-Has that law ever been used to charge anyone living in that situation? Or a polyamorous situation?
-So how can a law get written to protect polyamorous relationships but prevent the abuse of polygamous relationships?
-Presuming that the law is written and polyamorous relationships are recognized underneath the law, is the next step to then look for benefits for multiple partners? What is the ultimate goal of the polyamorous community?
-How do you overcome issues with jealousy and possessiveness in your relationships?
-What is compersion?
-Anyone who has kids, is this something that you thought about before you became poly? And how do you deal with it on a day to day basis?
-What do you think is the best family shape for relationships and polyamory is? What are the good building blocks to start with if you want to have a polyamorous relationship, or any relationship?
-Is polyamory for everyone? What should someone who wants to explore a poly relationship keep in mind about some of the social constructions surrounding love and relationships?
-Do you have any property rights issues around polyamorous relationships?
-[Personal story, sharing of concerns from an audience member]
-How did poly come into your life? Is this growing, poly in the mainstream? Are nay of you guys sleeping together?
-How would you distinguish poly from swinging?
-How do you deal with your partners interacting?
-Has polyamory changed the way you feel about sex? How?
-How do your polyamorous relationships play in with your family relationships? What do you do at holidays?
-How do you deal with marriage?
-What is the difference between envy and jealousy?
 
Saturday, January 15, 2011

Polys in Court - week 4 - Professor Todd Shackleford testimony

Summary of transcript of testimony on Dec 15,2010.

Professor Shackeford's points:

1. while Prof Henrich has summarized various correlations and apparent consequences, negative correlations and apparent consequences can be seen in any kind of mating or marriage structure

2. causation and correlation are separate issues and cannot be assumed because of the implications of any third variable that may be present without your knowledge - for instance if you measured the consumption of ice cream and the number of drownings in a particular area you might find that as people eat more ice cream there is an increase in the frequency of drownings but people aren't drowning because they ate too much ice cream. An increase in temperature encourages people to buy more ice cream and also to do more swimming.

I really liked that 2nd point. Looking forward to seeing what happened after xmas.
 
Poly panel discussion (Victoria) on Youtube

Victoria Poly 101 and Poly 101 on Campus are proud to present "What is
Polyamory?" on YouTube. Please feel free to comment, distribute and
utilize this video in your poly community education efforts!

http://www.youtube.com/user/Polyamorypanels#p/c/7C2066054A321F00/0/_s...

Special thanks go to Cora Bailey Bilsker, facilitator of Poly on
Campus in Victoria, BC, and producer of "What is Polyamory?"


Kiki Christie
Victoria Poly 101
CPAA
Victoria, BC, Canada
 
Tuesday, January 18, 2011

Polys in Court - week 4 - Prof Rose McDermott testimony

Summary of transcripts remainder of Dec 15 and morning of Dec 16,2010.


Professor Rose McDermott was called to the stand as a witness for the AG of Canada. She is currently a prof of political science at Brown University in Rhode Island. Among many other qualifications, Professor McDermott has held a research fellowship at Stanford studying an application of behaviour
genetics to the origins of political ideology. Also she had a research fellowship at Harvard studying the biological basis of leadership comparing leaders and non-leaders looking at basically hormonal and genetic underpinnings of leadership and political ideology. Her area of expertise is political psychology with a focused interest in international elite decision making as opposed to mass politcal behaviour (ie - how voters react to economic downturn).
Professor McDermott has authored and co-authored several books in her area of interest as well as much involvement in academic organizations related. Through a series of unrelated coincidences began working on a research project to study polygamy about 10 yrs ago.
Her report was compiled specifically for this reference case and was to examine three points:
1. the impact of polygynous relationships on women's equality
2. the influence of polygynous relationships on children including the health and welfare of children born of polygynous marriages
3. the influence of polygamy on various aspects of the nation state

The updates here are still backlogged to just before xmas.

The trial is continuing this week with testimony from bountiful.

Bountiful women to offer court rare glimpse into secretive community
JAMES KELLER
Vancouver— The Canadian Press
Published Sunday, Jan. 23, 2011 10:49PM EST
The women of a secretive polygamous sect in southeastern British Columbia have been cast as slaves, shackled by their religion in a world of abuse.

But several women from Bountiful, B.C., will tell a different story when they testify in a Vancouver courtroom this week, insisting polygamy has been a positive force in their lives and asking that the law against multiple marriage be thrown out.


Utah watching B.C. case examining polygamy trials
JAMES KELLER
VANCOUVER— The Canadian Press
Published Monday, Jan. 24, 2011 8:52PM EST
Utah's attorney-general is keeping an eye on a B.C. court case examining Canada's polygamy laws, as the state struggles to deal with tens of thousands of fundamentalist Mormons who believe in multiple marriage.

But the state has taken a different approach to dealing with the closed polygamous compounds that dot the region's mountainous landscape, limiting prosecution to clear-cut cases of abuse and reaching out to fundamentalist Mormon communities to ensure children and women have access to help.

For those interested in more frequent updates, or going to the source, the CPAA website has a link to the Court Document Archives for all related material from the case...including the latest official transcripts from the proceedings.
 
The case wraps up final evidence this week, and then we all get to wait until March for closing arguments.


Tuesday, February 1, 2011

Polys in Court - week 5 - Dr. W. John Walsh's testimony

From transcripts of January 5, 2011.

Dr. W. John Walsh was called to the stand by the lawyer for the FLDS Church.
...
“I believe, as a general principle subject to reasonable restriction, if a woman wants to live in a house with five men or a man wants to live in a house with five women, as long as they are consenting adults, it's not the business of the government...That’s my personal feeling.”




Sunday, February 6, 2011

Polys in Court: Summary of testimony - Professor Rebecca J. Cook

From transcripts of BC Supreme Court sessions on January 6, 2011.

The Attorney General of Canada called Professor Rebecca Johnson Cook to the stand as an expert in international human rights law with a particular focus on women’s rights and the obligations of States under international human rights law.
...
Professor Cook prepared a report specifically for this reference case. She was asked to address the harms of polygyny as viewed through the perspective of international human rights law.
- Review state practice and case law on polygamy in comparative western democracies including but not limited to Australia, UK, US and France
- Review the treatment of polygamy in international human rights law
- Review Canada's obligations with respect to polygamy
 
Saturday, March 19, 2011

The Court case on the Polygamy Law winds to a close

This week, closing arguments were submitted by the Attorney General of British Columbia and the Attorney General of Canada and the other interested parties in the very historic reference case which has been before the Chief Justice Bauman and the Supreme Court of British Columbia since November 22, 2010. The closing arguments will be presented in court beginning March 28th and expected to run for 10 court days thereafter. The decision of Chief Justice Bauman will follow at a date of his discretion.

All documents filed are up for public review here:
https://docs.google.com/leaf?id=0B-...0Zi00ODQ4LWJkNWEtMWVjNmRjMGE2ZjQ0&hl=en&pli=1

The CBC will be webcasting the court sessions but I've no further details on that at the moment. I will link to it when I do.

.....(con't)

  • Be willing to speak out to your neighbours, friends, MP's MLA's and the media in all possible formats. Write that letter. Make that online comment. Be informed and share that knowledge.

    ...
  • Speak out for the enforcement of laws already on the books to deal with trafficking of children, child brides, child abuse, spousal abuse, welfare fraud and all the harms associated with men/women who are very good at oppressing other family members for whatever stated purpose or ultimate intent - whether those men/women live in monogamous or multi-partnered households.
  • Speak out for social intervention in the form of culture specific programs to assist the victims of these situations and not for a law that criminalizes them too.
 
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Closing arguments started today.

Closing arguments begin in Bountiful polygamy case


By Daphne Bramham, Vancouver Sun March 28, 2011


VANCOUVER - Lawyers for the BC government began their closing argument Monday in BC Supreme Court in the constitutional reference case to determine the validity of Canada's polygamy law.

......

The challenger position that Jones said is the most carefully thought out and articulated is that of the Canadian Polyamory Advocacy Association.
 
You can watch the closing arguments on this page (while they're taking place). It's delayed by about 10 minutes. (For people interested by it but who don't want to click on the previous link. Link is provided there too though).
 
An another announcement

An announcement from the Canadian Polyamory Advocacy Association (CPAA)

Legal counsel for the CPAA, John Ince, will present closing arguments in Court tomorrow morning, Wednesday (April 13) between 10:00am and Noon.

Court Room 55, Fifth floor, 800 Smythe St, in Vancouver, BC

Supporters of polyamory are encouraged to attend to show their support for the position of the CPAA.

The "polygamy law" (Section 293 of Canada's Criminal Code) while aimed at fundamentalist patriarchal polygamist sects, also criminalizes polyamorist families, such as two men and a woman living in a loving consensual relationship.

Rarely in Canadain legal history has a law had such a draconian effect. No evidence suggests polyamory causes any form of harm. The CPAA is arguing that the law must be struck down as unconstitutional as it violates the rights of egalitarian polyamorist families.

Please pass this on to other polyamorists and supporters.

For more information on the CPAA visit http://polyadvocacy.ca/ or email [email protected]
 
Article

Polygamy ban akin to outdated homosexuality law, lawyer tells court

By James Keller, The Canadian Press | The Canadian Press – Tue, 12 Apr, 2011 10:17 PM EDT

VANCOUVER - Canada's anti-polygamy law is akin to the long-abandoned criminal prohibition on homosexuality, fuelling social stigma while forcing people in honest, committed relationships to live in shame, says a lawyer arguing the law should be struck down.
George Macintosh says removing polygamy from the Criminal Code would have the same positive effect as the decriminalization of homosexuality in 1969.
"In this sense, (the anti-polygamy law) is precisely the same as the law against homosexual sex, which was struck down in Canada 42 years ago," Macintosh said Tuesday during his final arguments at a landmark B.C. court case.

If you have a yahoo account, this is one of those articles that get's a lot of comments that seem skewed tot he ultra-conservative bigot camp...and could use some views on the other side of the teeter totter.
 
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Have the courts reached a decision on this case yet?

Nope...the judge has his work cut out for him. Thousands of documents, and plenty of ramifications...yada yada yada.

I was talking to one of the CPAA people from the case on Saturday, and word there was 3-6 months minimum to render a verdict.

So it's just a waiting game at the moment. There's still things that can be done by keeping the media from forgetting about the case entirely. Favourable commentary on articles that are poly related can help sway the tone and flavour of subsequent comments, so it helps to jump on such things early.

Getting ready to write the MP's to educate them on the issue, and perspectives on it probably won't go amiss either, regardless of the verdict.
 
Monday, June 20, 2011

So....what happened with the court case...the Polygamy Law stuff?

The decision is in the hands of Chief Justice Bauman. It will take a minimum of three to six months for him to review all the evidence and come to his decision. We have heard no updates on that as of yet. I expect it later rather than sooner as I found Chief Justice Bauman to be very thorough and thoughtful.
 
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