01-07-2011 Transcript of Day17 Polygamy Reference Case
01-07-2011 Transcript of Day17 Polygamy Reference Case
01-07-2011 Transcript of Day17 Polygamy Reference Case
Submissions
1 January 7, 2011
2 Vancouver, B.C.
3
4 (DAY 17)
5 (PROCEEDINGS COMMENCED)
6
7 THE CLERK: Order in court. In the Supreme Court of
8 British Columbia at Vancouver on the 7th day of
9 January 2011, recalling the matter concerning the
10 constitutionality of section 293 of the Criminal
11 Code, My Lord.
12 THE COURT: Just before we get going, we have some
13 videos today I know, but I have to be in Ottawa
14 hopefully on January 24th for the day. If that
15 happened, would that throw things?
16 MR. JONES: I'm just going to get a copy of my
17 schedule, My Lord. Yeah, unfortunately Mr.
18 Wickett isn't here. He hasn't formally scheduled
19 any witnesses for that week, but that week is sort
20 of being reserved for him. I suspect it probably
21 wouldn't be arduous to change that week from the
22 25th to the 28th, as opposed to -- in other words,
23 to go through the Friday and take the Monday off.
24 THE COURT: Sorry, I have to be in Ottawa on the 24th.
25 MR. JONES: Right.
26 THE COURT: Oh, I see.
27 MR. JONES: So then we could go Tuesday to Friday that
28 week.
29 THE COURT: Right.
30 MR. JONES: But we can discuss that with Mr. Wickett.
31 I think we still have sufficient flexibility in
32 that week.
33 THE COURT: Can we do that on the break?
34 MR. JONES: Yes, we can.
35 THE COURT: Thank you. Because I have to confirm.
36 Thank you very much.
37 MS. ZALTZ: My Lord, we have approximately two hours
38 and 40 minutes worth of videos to play today.
39 What I was going to propose is that we start with
40 one that's one hour and 15 minutes and then
41 possibly take a break and follow that by another
42 one that's 35 minutes, and then there will be a
43 final one which is 46 minutes, which I was
44 thinking we could play after lunch, unless Your
45 Lordship would like to do that in a different
46 order.
47 THE COURT: That sounds very good. And whether we
2
Video evidence of Richard Beam
1 well.
2 Q Okay. You've indicated that in 1985, so
3 I guess when you were about three, the
4 family moved down to Shore Creek?
5 A That's correct.
6 Q And we've also heard that area referred
7 to as the twin communities of Colorado
8 City and Hildale?
9 A Hildale, Utah, yes. And, actually, we
10 did land on the Hildale side, the Utah
11 side of the line first, I almost forgot
12 that, for a matter of months, I believe
13 it was less than a year, but I'm not
14 positive, because I was so young at the
15 time. We lived in a trailer house with
16 our accompanying camper trailers and
17 campers just down the hill from my
18 grandfather's place, which would be my
19 mother's dad's property. He actually
20 owned the property we stayed in for the
21 first while there while they were
22 renovating this old laundromat, which
23 later became my father's family home.
24 Q And that home was in Colorado City?
25 A It was on the Arizona side, yeah.
26 Q And so for the first year you kind of
27 camped out in the trailers?
28 A Yeah, making do with the place to crash
29 until we could get something big enough
30 to hold us all.
31 Q And so when you moved on to the converted
32 laundromat on the Colorado City side, is
33 that the house you then grew up in?
34 A By and large, yes. There was another
35 home on the property, or what would have
36 been the property, it had kind of been
37 subdivided and split in half at the time,
38 that we -- years later was assigned to my
39 father to be the caretaker by the church.
40 I mean, all of that was UAP property
41 anyway, nobody owned anything, except the
42 UAP owned everything. But they gave him
43 that other house. And adjacent to it was
44 a very large foundation of a home that
45 had been started and never finished, and
46 we built onto that and that was supposed
47 to be the home that was to house all my
6
Video evidence of Richard Beam
1 A Yes.
2 Q And, Paula, perhaps we could just start
3 by having you explain to us, I know we've
4 talked about, that you have a mental
5 disability?
6 A Yes, I do.
7 Q Can you explain to us what that is?
8 A Well, before I got married I found out
9 through my parents that I was mentally
10 retarded. I had bad kidneys, one kidney
11 was completely shut down and the other
12 one was -- I almost lost the use of my
13 other kidney, you know, it just got bad.
14 And I -- I grew up around loving parents
15 and they taught me -- well, they guided
16 my footsteps in the way of the heavenly
17 father, and once again I had no problems
18 with them and anything I wanted to talk
19 over I would take -- either talk to my
20 father and my mother about, they sat down
21 and just really listened to me and helped
22 me out with my years as a child.
23 Q And so it was a disability you've had
24 since birth?
25 A Yes, it has.
26 Q And so you grew up in Salt Lake City and
27 you were in a polygamist family; is that
28 right?
29 A That's correct.
30 Q Do you recall what you were taught about
31 marriage as you were growing up?
32 A I was taught that being a plural wife is
33 more fun because it gives you the
34 perspective from a husband or sister wife
35 that you would be able to cope and be
36 happy with the atmosphere, and you would
37 work together and do things together as
38 team work. And we did -- my father
39 always taught me never to ignore
40 warnings, like the premonition I had
41 three months before my brother Phillip
42 and my other three brothers were in a
43 severe car accident. I had that three
44 months before it happened. My heavenly
45 father was trying to get me -- to tell me
46 what I said what happened would take
47 place, and for me -- for them not to go
39
Video evidence of Paula Barrett
1 1974.
2 Q And who performed the ceremony, do you
3 remember?
4 A A name -- a man by the name of Guy
5 Musser. He was one of the priests they
6 had back then that Doreen went and saw
7 and was placed by.
8 Q Okay. And so you were Dallas's second
9 wife?
10 A I was the second wife.
11 Q And was Dallas already living with his
12 first wife when you moved in?
13 A Yes.
14 Q And how many children did Dallas have
15 with his first wife?
16 A He had seven.
17 Q And then can you explain to us what your
18 life was like after you moved in with
19 Dallas and his first wife?
20 A My life changed from being understanding,
21 being a type of woman that would
22 understand, but having sister wife by my
23 side, pure hell. Every day, day in and
24 day out. I couldn't do anything, I
25 couldn't go to the store, I couldn't take
26 walks, I couldn't do anything I wanted to
27 do. I had to put it aside and take care
28 of the children and clean his house.
29 Q Did you have any children with Dallas?
30 A Yes, I did.
31 Q How many children did you have?
32 A I had seven. Six [indecipherable] was
33 Dallas's first wife.
34 Q And how many pregnancies did you have?
35 A I had nine.
36 Q Nine. How many miscarriages did you
37 have?
38 A I had four miscarriages.
39 Q So four miscarriages and seven children;
40 is that right?
41 A That's right.
42 Q And what was life like for you after your
43 children were born?
44 A It was pure joy. I spent -- I did most
45 of my time for the children. When it
46 came to helping them out, I had the
47 money, I'd give it to them and I didn't
42
Video evidence of Paula Barrett
1 talking to us today.
2
3 (VIDEO OFF)
4
5 THE COURT: So let's take the lunch break. But, Mr.
6 Jones, did you hear anything from --
7 MR. JONES: Indeed, My Lord, sorry. That's fine for
8 the 25th through the 28th, that week. That would
9 free you up on the 24th.
10 THE COURT: Yes, it would. Thank you.
11 THE CLERK: Order in court. Court is adjourned to 2
12 p.m.
13
14 (NOON RECESS)
15
16 THE CLERK: Order in court.
17 MR. JONES: Thank you, My Lord. The final video of the
18 day is Jorjina Bennett [sic] and it's about 45
19 minutes.
20 THE COURT: The crowd has noticeably thinned. Thank
21 you. The name again?
22 MR. JONES: Jorjina Bennett, and the spelling is
23 unusual, it's J-o-r-j-i-n-a. I'm sorry, Broadbent
24 is the last name. J-o-r-j-i-n-a Broadbent.
25 THE COURT: Thank you.
26
27 (VIDEO PLAYED)
28
29 Q Hi, Jorjina, my name, as I've explained,
30 is Leah Greathead, and I'm a lawyer with
31 the Attorney General of British Columbia
32 and I'm involved in a case that's looking
33 at whether our Criminal Code provision
34 prohibiting polygamy is constitutional or
35 not, and in that context we've been
36 meeting with people like yourself who
37 have experience living in a polygamist
38 community to provide some firsthand
39 evidence and information for the court.
40 A M'mm-hmm.
41 Q And so you're Jorjina Broadbent?
42 A Yes.
43 Q And you were born into a polygamist group
44 that's become known as the FLDS?
45 A Yes.
46 Q And that was the Fundamental Church of
47 Jesus Christ of Latter Day Saints?
54
Video evidence of Jorjina Broadbent
1 A Yes.
2 Q Can you explain the role of polygamy in
3 the FLDS?
4 A I guess polygamy is just where a man can
5 have more than one wife or more than one
6 wives and have as many as he can, and as
7 long as he's true and faithful to the
8 prophet then he can excel and have up to
9 50, 60 wives, to get to the celestial
10 kingdom.
11 Q And polygamy is, as I understand, is one
12 of the -- is the fundamental principle of
13 the FLDS?
14 A Yes.
15 Q Fundamental tenet?
16 A Yes.
17 Q And what about the role of women within
18 the FLDS? What are you taught as part of
19 the role women are to take?
20 A We are to be submissive and obedient and
21 give ourselves to our husband. And we
22 have no opinion, we're not supposed to
23 have a choice in anything, we're just
24 supposed to do what our husbands ask us
25 to do to get to the celestial kingdom.
26 Q Have you ever heard to phrase "keep
27 sweet"?
28 A Oh, yeah. Keep sweet no matter what.
29 Q And so what does that mean in practical
30 terms?
31 A That means that nothing is supposed to
32 stand in your way of keeping sweet and
33 doing what your husband wants.
34 Q And what about the role of men, what's
35 their role within the FLDS?
36 A They're to teach their families to obey
37 them and raise their children up in truth
38 and rightness and teach them that the
39 heavenly father and god are the same
40 person, are the same as the prophet, and
41 they're to be obedient to the prophet in
42 any directive that they're asked to do.
43 Q And how does marriage work? Do you get
44 to select who it is that you'll marry
45 within the FLDS?
46 A Back -- back when Roy Johnson and Rulon
47 was a little bit of -- was the prophets
55
Video evidence of Jorjina Broadbent
1 Q In Colorado City?
2 A Yes.
3 Q And what was taught in the school in
4 Colorado City as you recall?
5 A Well, back then we had the pledge of
6 allegiance, we had prayer, we just did
7 everything that normal schools do.
8 Q And did you have a component -- a
9 religious component?
10 A We were just taught to be good, clean
11 citizens and be honest and teach your
12 children right from wrong, and that's
13 what the -- what everything was.
14 Q Right. And you had mentioned about women
15 being taught to be obedient to the
16 husband and to the prophet. Was that
17 part of what was taught in the schools?
18 A No. That wasn't taught in the schools.
19 Q No? You got that at home?
20 A That was at home, yeah. There was
21 certain things that they taught at the
22 schools because the school was a public
23 school. We had people from St. George
24 and Cedar and all over that came in and
25 taught at our schools.
26 Q Right.
27 A We had a principal that was -- Mr.
28 Gerber.
29 Q Right.
30 A He was a really fun principal.
31 Q Right, yeah. Were all the kids FLDS kids
32 or were there other --
33 A No. There was kids that were -- well,
34 there was a bunch of them that lived in
35 Centennial, and they still went to
36 church, but when it split, when Roy
37 Johnson died is when the split came
38 between Colorado City and Centennial, so
39 most of the people that were living in
40 Colorado City moved just over the hill,
41 and Centennial was actually called the
42 second ward.
43 Q And Centennial is another group that
44 practiced polygamy?
45 A Yeah. But they live it so totally
46 different, because they let the women cut
47 their hair, they let the women wear what
59
Video evidence of Jorjina Broadbent
1 A M'mm-hmm.
2 Q So Susanne -- why was it that Warren felt
3 that she was precious and had to be
4 brought back into the community?
5 A Because girls are treated like gems.
6 They're the ones that bring them all the
7 babies and they want them to be married
8 and stay there in the community to bring
9 more children.
10 Q And so you told us Susanne left when she
11 was almost 18 and her circumstances, and
12 you talked about Jimmy leaving at 17 or
13 18.
14 A Yeah. And then a year later Nathan left
15 when he was 17. He just called Jimmy and
16 Jimmy come and got him. So he lived with
17 Jimmy for a while and then he moved to
18 Vegas. And then I think Emma left before
19 Joe did. Emma was 15. She just felt so
20 much pressure. She was my mainstay to
21 help me with everything in the home
22 because I didn't have Susanne anymore.
23 Sabrina was married off and had her kids
24 and they lived somewhere else.
25 Q And how old was Sabrina when she got
26 married?
27 A Sabrina was 17 when she got married. She
28 had four babies right straight in a row,
29 in four years.
30 Q And was she placed in a celestial
31 marriage?
32 A Yes. Yes. She was married to Jake
33 Holmes.
34 Q And how old is Jake?
35 A I think Jake was only maybe a year or two
36 older then.
37 Q And was Sabrina his first wife?
38 A Yes.
39 Q And, sorry, you were saying Emma left the
40 community at 15 because she felt a lot of
41 pressure?
42 A Yeah, she was getting treated really
43 rotten by Rachel too. She got to where
44 she -- her and Rachel were just like at
45 each other necks and throats because Emma
46 was trying to do everything she could to
47 please her dad, and every time she needed
67
Video evidence of Jorjina Broadbent
1 you?
2 A I had six.
3 Q Six kids, no money, what did you do to
4 get by?
5 A Jeremy helped me out. He said, "If you
6 ever need anything just call me," so he
7 helped me out with money and within a
8 year he bought me a van. That's the van
9 I drive. And he's taken care of me.
10 Q And, sorry, before we were interrupted,
11 we talked about your schooling and you
12 said when you got married, and that was
13 when you were 18, I believe?
14 A Yes.
15 Q And you had grade 6 or 7?
16 A I'd say probably 7th grade. That was
17 about all, yes.
18 Q Did you get more schooling after that at
19 some point?
20 A Last fall, my daughter Emma and I signed
21 up for South Point to do our GED.
22 Q And GED is your high school equivalent?
23 A Yes, it's like a high school diploma.
24 You can either get your high school
25 diploma or your GED. And I came within
26 11 points, because I just could not
27 handle the -- I did not understand
28 algebra. Even though drills and drills,
29 and drills, just four years crammed into
30 nine weeks of school was really hard
31 because I didn't know that stuff, none of
32 it. So I want to take it up again, I
33 want to finish it, but ...
34 Q You mentioned you were a teacher at the
35 school in Colorado City?
36 A Yeah. When the schools were closed and
37 told we couldn't teach at the schools
38 anymore, then a lot of the different
39 families got together and did schools,
40 and so we had teachers like that, started
41 doing individuals to get away from the
42 public. They still did public schools
43 and people from Centennial came over
44 there, but they got rid of a lot of the
45 Apostate teachers and gentile teachers,
46 to where it was our own teachers
47 teaching, and so that's how it went.
78
Video evidence of Jorjina Broadbent