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Human Trafficking

Human trafficking is the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

From the United Nations Web Site Here

Press for Change

Human rights activist Julie Bindel wrote a guide to help journalists cover stories on prostitution and human trafficking with sensitivity and ethics. The same care should be taken when writing stories about the survivors of polygamy and other high-demand groups (cults.)

Download the Guidelines for Journalists & Bloggers HERE.

 Coercion in Polygamy

“What is the consequence for not obeying the prophet? One bad thing is death. “This land has to be cleansed of all the people except the priesthood people [faithful FLDS]. Only those who obey President Jeffs will survive.” (Warren Jeffs 11/19/95). “We’ve told you what happens to the disobedient. They will never see Heavenly Father again.” (Warren Jeffs 11/8/95)

Granted, not all polygamy is like the FLDS led by Warren Jeffs. Granted, there are other styles of polygamy, happy memories in polygamy and families that do not abuse. Nonetheless, the culture is built on a foundation of spiritual extortion.

The Root of  Coercive Mormon Polygamy: Doctrine & Covenants 132

Note: These words by the founder of Mormonism, Joseph Smith, the original prophet, and are considered scripture by the mainstream Mormon church as well as the various polygamist off-shoot groups.  Exaltation (eternal life with God) is only gained through ‘the new and everlasting covenant’ of ‘celestial marriage,’  which is polygamy. Anything short of that results in eternal damnation and torment. To believers, this consequence is an unfathomable horror, far more terrifying than being murdered, and it leaves believers with no alternative but to obey. Here are just 5 verses:

4 For behold, I reveal unto you a new and an everlasting covenant; and if ye abide not that covenant, then are ye damned; for no one can reject this covenant and be permitted to enter into my glory…

6 And as pertaining to the new and everlasting covenant, it was instituted for the fulness of my glory; and he that receiveth a fulness thereof must and shall abide the law, or he shall be damned, saith the Lord God…

39 David’s wives and concubines were given unto him of me, by the hand of Nathan, my servant, and others of the prophets who had the keys of this power; and in none of these things did he sin against me save in the case of Uriah and his wife; and, therefore he hath fallen from his exaltation, and received his portion; and he shall not inherit them out of the world, for I gave them unto another, saith the Lord… (Note: women are property that can be given away by God’s prophets who claim to hold ‘the keys of this power’)

54 And I command mine handmaid, Emma Smith, to abide and cleave unto my servant Joseph, and to none else. But if she will not abide this commandment she shall be destroyed, saith the Lord; for I am the Lord thy God, and will destroy her if she abide not in my law…

64 And again, verily, verily, I say unto you, if any man have a wife, who holds the keys of this power, and he teaches unto her the law of my priesthood, as pertaining to these things, then shall she believe and administer unto him, or she shall be destroyed, saith the Lord your God; for I will destroy her; for I will magnify my name upon all those who receive and abide in my law…

Read the whole section here: Mormon Scriptures, Doctrine & Covenants 132

Example of the Fruits of Polygamy

Utah AG intends to look into allegation of FLDS girls being secretly held

The Cultural Backdrop of Mormon Patriarchal Polygamy Provides Built-in Tools of Psychological Coercion
The Irreconcilable Voices in D&C 132

FLDS: Following a ‘prophet” 

http://texasflds.wordpress.com/(Court Documents related to the Warren Jeffs Case)
———————————————————–

A Comparison of Family Functioning, Life and Marital Satisfaction, and Mental Health of Women in Polygamous and Monogamous Marriages

Background: A considerable body of research concludes that the polygamous family structure has an impact on children’s and wives’ psychological, social and family functioning.

Aims: The present study is among the first to consider within the same ethnoracial community such essential factors as family functioning, life satisfaction, marital satisfaction and mental health functioning among women who are in polygamous marriages and women who are in monogamous marriages.

Results: Findings reveal differences between women in polygamous and monogamous marriages. Women in polygamous marriages showed significantly higher psychological distress, and higher levels of somatisation, phobia and other psychological problems. They also had significantly more problems in family functioning, marital relationships and life satisfaction.

Conclusion: The article calls on public policy and social service personnel to increase public awareness of the significance of polygamous family structures for women’s wellbeing.
International Journal of Social Psychiatry, Vol. 52, No. 1, 5-17 (2006)

 ———————————————————–Canadian Referendum on Polygamy

Statement of Attorney General of Canada

Statement of AGBC

Opening Statement by the Amicus Addressing Breach

Statement of Stop Polygamy in Canada

Statement of West Coast LEAF

British Columbia Teachers Federation Opening Statement

Statement of Position of the CCRC and DACCR dated November 8 2010 (2)

Statement of British Columbia Teachers Federation 

Chief Justice Bauman re Reference re Criminal Code s 293 09-24

Closing Submission of the Amicus Curiae (Volume 1 of 2)

Closing Submission of the Amicus Curiae (Volume 2 of 2)

Filed Cover Pages and Index to Amicus Supplemental Book of Authorities

BCCLA Closing Submissions (Filed)

BCCLA Index (Book of Authorities)

CPAA-Closing Submissions

wcleaf amended closing (2) and wclea findex-authorities

Joseph Henrich’s Research Paper Affidavit #2, Co-director of the Centre for Human Evolution, Culture and Cognition;

Joseph Henrich swn November 15 2010

Affidavit #1 Christiane Pelchat - Lawyer, President and Generai Director of Status of Women Quebec

Affidavit of Marci Hamilton, Constitutional Law Professor, Benjamen Cardozo School of Law

Marci Hamilton, a Justia columnist, is the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law and author ofJustice Denied: What America Must Do to Protect Its Children(Cambridge 2008). A review of Justice Denied appeared on June 25, 2008. Her previous book is God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), now available in paperback. Her latest book is Fundamentalism, Politics, and the Law (Palgrave Macmillan 2011) (co-edited with Mark J. Rozell). Her email is hamilton02@aol.com.

Her legal column is here:  http://verdict.justia.com/author/hamilton/page/2

Affidavit of John Llewellyn, Former Polygamist, Retired Sheriff

Affidavit of Nicholas Bala (2), Law Professor – Queens University

Affidavit of Stephen Kent (2), Professor of Sociology

Dr. Kent has associated with polygamy in the analysis of his research:

· Incest and Inbreeding wherein he cited the work of Janet Bennion;

· Infant Deaths, Genetic Disorders, and Unmarked Children’s Graves;

· Arranged Marriages;

· Displaced Young Men—“The Lost Boys”—and Working Conditions for Youth;

· Welfare Fraud; Marriages, Sexuality, and the State;

· Polygamy as a Threat to the Democratic State;

· concluding with Polygamy and Coercion.

Affidavit of Susan Stickevers (2), Medical Doctor

Affidavit of Laura Chapman, Polygamy Survivor

Expert Report of John Witte, Jr.  Law Professor

BCTF Final Submission

BCTF Book of Authorities Index

The Christian Legal Fellowship Filed Closing Submissions- March 4 2011 & 5893180_1_Additional Materials

Reply Submissions of the Christian Legal Fellowship

2011 03 25 Reply Closing Submission of AGC

AGBC Closing Submissions Mar 4 2011 Polygamy Reference (filed)

AGBC – Reply Closing Submissions filed March 25 2011

Closing Subm Real Women filed 4Mar11

FINAL – Closing Submissions of AGC & ~ INDEX (FILED COPY)

Final Submissions of SPC

Brief of Authorities Index–SPC

Closing Submissions of CCRC and David Asper Centre dated March 7 2011 AS FILED

Index to Book of Authorities CCRC DACCR 25 March 2011

End Authorities CCRC & DACCR

Beyond Borders Closing Statement

http://stoppolygamyincanada.wordpress.com/court-documents/decision-polygamy-harms-are-endemic-polygamy-remains-illegal/

[1316]  The evidence demonstrates that polygamy is associated with very substantial harms.  The prevention of these harms is salutary. Some of the beneficial effects of the ongoing prohibition of polygamy include:

a)    Increased per-child parental investment, with the expected increase in the mental and physical wellbeing of children overall;

b)    Reduced social strife, conflict and crime expected from more uneven distribution of the opportunity to marry;

c)     Reduced average age gaps between husbands and wives, increasing equality in marriages;

d)    Reduction in sexual predation on young girls;

e)    Reducing incentives for male control over women and their reproductive capacity; and

f)      Consistency with Canada’s international treaty and legal obligations.

http://www.courts.gov.bc.ca/jdb-txt/SC/11/15/2011BCSC1588.htm

Table of Contents Paragraph Range
I. INTRODUCTION [1] – [15]
II. COURSE OF PROCEEDINGS [16] – [44]
A. The Reference Questions [16] – [17]
B. The Participants [18] – [25]
C. The Evidence [26] – [32]
D. Webcast of Final Submissions [33] – [44]
III. EVIDENTIARY ISSUES [45] – [127]
A. Factors Justifying a Liberal Approach to Admissibility in a Trial Reference [46] – [58]
1. The Importance of Evidence in Charter Litigation [47] – [51]
2. The Potential of a Trial Reference [52] – [58]
B. Legislative Facts and Judicial Notice [59] – [70]
1. Legislative and Adjudicative Facts [60] – [62]
2. Judicial Notice [63] – [70]
C. Expert Evidence [71] – [103]
1. Angela Campbell [77] – [103]
a) Preconditions to Admissibility [80] – [88]
b) Cost-Benefit Analysis [89] – [103]
D. Lay Witnesses [104] – [105]
E. The Brandeis Brief [106] – [127]
1. Canadian Use of Brandeis Brief Materials [109] – [121]
2. Use of Materials in the Brandeis Brief [122] – [127]
IV. POSITIONS OF THE PARTIES [128] – [133]
V. THE EVIDENCE [134] – [851]
A. Terminology [135] – [145]
B. The Historical Context [146] – [233]
1. The Emergence of Modern Monogamy [147] – [167]
2. Philosophical Dimensions of Western Monogamy [168] – [233]
a) Classical Foundations [170] – [179]
b) Biblical Foundations of Monogamy [180] – [187]
c) Early Christian Teachings [188] – [193]
d) The Medieval Views on Monogamy and Polygamy [194] – [202]
e) Protestant Views of Monogamy and Polygamy [203] – [206]
f) The Enlightenment [207] – [217]
g) The Common Law Inheritance [218] – [227]
h) Polygamy Linked to Harms [228] – [233]
C. Polygamy Globally [234] – [336]
1. Islam [238] – [255]
a) Polygyny in the Qur’an [242] – [249]
b) Muslim State Practice [250] – [255]
2. Mormonism [256] – [336]
a) Brief History of the Mormon Church [258] – [305]
i. Plural Marriage [264] – [277]
ii. Criminalization of Polygamy [278] – [305]
b) Mormon Fundamentalism [306] – [333]
i. The FLDS [316] – [333]
c) Polygamy in American Constitutional Law [334] – [336]
D. Polygamy in Canada [337] – [467]
1. The History of Polygamy in Canada [337] – [380]
a) First Nations Polygamy [341] – [346]
b) Mormon Polygamy [347] – [356]
c) Criminalization of Polygamy [357] – [359]
d) First Nations and Mormon Polygamy After Criminalization [360] – [380]
2. Bountiful [381] – [422]
a) Police Investigations Relating to Bountiful [393] – [422]
3. Muslim Community [423] – [429]
4. Polyamory [430] – [460]
5. Wicca [461] – [467]
E. Changing Family Demographics in Canada [468] – [481]
F. Alleged Harms of Polygamy [482] – [793]
1. Evolutionary Psychology [493] – [576]
a) Dr. Henrich [498] – [539]
i. Polygyny’s Creation of a Pool of Unmarried Low-Status Men [507] – [517]
ii. Polygyny’s Effects on Male Parental Investment [518] – [522]
iii. Polygyny, Age of marriage, the Age Gap and Gender Equality [523] – [533]
iv. More Speculative Predictions [534] – [539]
b) Dr. Shackelford [540] – [553]
c) Will Polygamy Spread in Canada? [554] – [576]
2. Literature Review [577] – [608]
3. Statistical Analysis [609] – [640]
4. Polygamy in Contemporary North America [641] – [745]
a) Polygamy in The United States [645] – [701]
i. Fundamentalist Mormons [645] – [691]
ii. Muslim Community [692] – [701]
b) Polygamy in Canada [702] – [745]
i. Bountiful [702] – [744]
ii. Muslim Community [745] – [745]
5. Stereotyping Adherents of Minority Religious Groups [746] – [758]
6. Position of the Challengers [759] – [778]
7. Summary of Apprehended Harms [779] – [793]
G. Canada’s International Obligations [794] – [851]
1. Canada’s Obligations under International Treaties [800] – [840]
a) Statements by International Treaty Bodies [804] – [832]
i. CEDAW [813] – [816]
ii. ICCPR [817] – [820]
iii. CRC [821] – [826]
iv. ICESCR [827] – [832]
b) Arguable Limitations on a State’s Ability to Criminalize Polygamy [833] – [840]
2. Customary International Law [841] – [843]
3. Comparative Law [844] – [851]
VI. PURPOSE AND INTERPRETATION OF SECTION 293 [852] – [1042]
A. Purpose of Section 293 [854] – [904]
1. Legislative History of Section 293 [854] – [877]
2. Conclusion on Purpose of Section 293 [878] – [904]
B. Interpretation of s. 293 [905] – [1042]
1. Positions of the Parties [905] – [968]
2. Conclusion on Interpretation of s. 293 [969] – [1042]
VII. THE CHARTER [1043] – [1357]
A. Freedom of Religion [1048] – [1098]
1. Positions of the Parties [1049] – [1082]
a) Purpose [1052] – [1060]
b) Effect [1061] – [1082]
2. Conclusion [1083] – [1098]
B. Freedom of Expression [1099] – [1105]
1. Positions of the Parties [1099] – [1102]
2. Conclusion [1103] – [1105]
C. Freedom of Association [1106] – [1127]
1. Positions of the Parties [1106] – [1123]
2. Conclusion [1124] – [1127]
D. Liberty and Security of the Person [1128] – [1226]
1. Positions of the Parties [1128] – [1176]
a) Interests at Stake [1130] – [1138]
i. Liberty [1130] – [1134]
ii. Security of the Person [1135] – [1138]
b) Principles of Fundamental Justice [1139] – [1176]
i. Overbreadth [1142] – [1148]
ii. Arbitrariness [1149] – [1156]
iii. Gross Disproportionality [1157] – [1165]
iv. Consent [1166] – [1173]
v. Vagueness [1174] – [1176]
2. Conclusion [1177] – [1226]
E. Equality [1227] – [1270]
1. Positions of the Parties [1227] – [1258]
a) On the ground of religion [1230] – [1235]
b) On the ground of marital status [1236] – [1258]
2. Conclusion [1259] – [1270]
F. Section 1 [1271] – [1357]
1. Positions of the Parties [1276] – [1328]
a) Pressing and Substantial Objective [1278] – [1283]
b) Proportionality [1284] – [1328]
i. Rational Connection [1284] – [1298]
ii. Minimum Impairment [1299] – [1305]
iii. Proportionality of Effects [1306] – [1328]
2. Conclusion [1329] – [1357]
a) Section 2(a) [1330] – [1352]
b) Section 7 [1353] – [1357]


VIII. DISPOSITION [1358] – [1367]
1. 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? [1359] – [1362]
2. What are the necessary elements of the offence in s. 293 of the Criminal Code of Canada? Without limiting this question, does s. 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?
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