Affidavit No. 1 of, Witness No. 3 Swom Gefde | ,2010 No. 8-09767 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, RS.C. 1985, C. C-46 AFFIDAVIT 1, Witness No. 3, MAKE OATH AND SAY AS FOLLOW: 1. L have personal knowledge of the facts and matters hereinafter deposed to save and except where the same are stated to be made upon information and belief and where so stated I verily believe them to be true to avail 2, Tam aware of the order of the Chief Justice made September 24, 2010 and I el myself of the protections authorized by that order, 3. Tam a resident of the FLDS community of Bountiful located near Creston British Columbia. 4, 1am 22 years old and single. I graduated from Bountiful Elementary-Secondary School in June of 2005, 5. Throughout my school years, I was taught that education was very important and valuable for all students, both girls and boys. Failing to graduate from high school was definitely not an option for me. When I was in high school, I was very strongly encouraged to take all the necessary prerequisite courses I would need while I was in high school, so I would be ready to go college as soon as I was done, I remember that that meant I needed to do the higher level ‘math which was quite difficult for me, but one of the teachers volunteered extra after school timeto help me so I could do it. Now that I am doing college, I have received a lot of support from the school and the community both in providing housing and supplies as well as emotional support. 6. _ Thave been attending Southern Utah University summer sessions since 2007. I have also been doing online courses intermittently since then. Currently, I have completed about 2/3 of my studies. I'am working towards a Bachelor of Science degree in elementary education with a minor in early childhood education. 7, Ido expect to be married someday. 1 really don’t know when that will be, but I have considered waiting until I am finished college. 8. ‘The FLDS marriage covenant is something I strongly believe and accept. To begin with, I would never have been born without it, [have grown up in @ plural family and want the same for my own children someday. As well, I have personally studied the history of the events surrounding the establishment of plural marriage as an integeal part of our religion. [ have taken special interest in the lives of many of the first plural wives (liza R. Snow, Lucy Walker, ete.) and have been impressed by their stories of how they gained their testimonies of “the principle”, 9. _ In my own life, I plan on living the FLDS marriage covenant for several reasons, In the first place, I believe that the principle was established on earth by God Himself as it is cstablished in the heavens, I believe that God speaks to our prophet, Therefore, I believe that itis my loving Heavenly Father who determines who will be the right person for me to marry. And although I may not know this man personally, I do know that he is a person of high moral standards and has been recommended by his father and his bishop. Furthermore, if, for whatever reason, I do not want to marry someone, I know I will certainly not be forced to do so. 10. __ I would like to live my life right here in Bountiful, British Columbia Canada. I have lived in Cedar City for three months while doing college, and I have been to many other places in Canada and the United States, but I still consider Bountiful, BC to be the best place in the world! ll, Lhave a half brother and a full sister that have left the community. To put it simply, my brother left the community because he chose to drink, smoke and do drugs. It started with him getting in with the “wrong crowd”. My father, when he was aware of the situation, did all he could to help him. My brother was unwilling to quit and because he was not allowed to smoke, drink, eto, at our house, he moved out, Since he has left my father done his best to support him financially and otherwise. 12, _ My sister left the community with her husband, She and I were very close, and I ‘witnessed her anguish at the decision she hed to make of either leaving her husband who no longer wanted to live in the FLDS community, or leaving her family and her beliefs. Since she has left, my parents have tried in many ways to help her further her education (bought her a computer, signed her up for courses). They also keep in touch by phone calls and occasional visits, I don’t have much contact with her now but every time I run into her, I always greet her with a big hug and we visit fora little while 13, The fact that polygamy is a criminal offence affects my life in many ways. Asa child, I heard the stories of previous raids and persecution against members of my faith, and I was scared that I too would have to face that someday. I was also so worried that my father would have todit g0 to jail because he married my mother—a worry I still face, As an adult, I have endured many comments and slurs when I go out into the wider community. 14. I do feel that the criminalization of polygamy causes me and all FLDS with whom I associate in Canada to be very cautious in our dealings with the government, police, and other members of society. I perceive that our community and our school, is under constant scrutiny because of our beliefs, one of which is the practice of polygamy. As a result, I feel that I am marginalized within Canadian society because of my religious faith and practices. 1s, Our community would be much better off if polygamy was not criminalized, I feel that we could then be free to live the lives we choose to live without fear and free from discrimination. I feel like we would that we could then direct our energies and our funds towards improving our community and furthering our education rather than paying for lawyers and defending ourselves : Fon & SWORN BEFORE ME at the Gity of wef POWs in the Province of British Columbia, this_/ 4 Gay of OcgBber, 2010. Mithors oA WITNESS NO. 3 A Commissé if Taking/ Affidavits in the Province of British Columbi PRINT NAME SA3KRES ©. MANE SITHESSED AS TO EXECUTION © RO ADVICE SOUGHT OR GIVE!