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Orders by the Court

1 January 28, 2011


2 Vancouver, B.C.
3
4 (DAY 29)
5 (PROCEEDINGS COMMENCED AT 10:00 A.M.)
6
7 THE CLERK: Order in court. In the Supreme Court of
8 British Columbia at Vancouver, this 28th day of
9 January 2011, calling the matter concerning the
10 constitutionality of section 293 of the Criminal
11 Code, My Lord.
12 THE COURT: Thank you. I'll make my rulings and the
13 reasons will follow in due course. Likely in the
14 final decision.
15 The Pelchat affidavit will be admitted with
16 the deletion of paragraphs 12 to 16. The Klette
17 affidavits will be admitted on the basis of the
18 draft orders tendered by the Attorney General.
19 The amicus and the interested parties who wish
20 leave to file rebuttal evidence in accordance with
21 a timeline that can be spoken to, and the amicus
22 and interested parties who are allied therewith
23 may cross-examine Mr. Klette I propose during the
24 week of February 8th but I'm amenable to hearing
25 parties on timing if indeed it takes place.
26 Do you want to discuss or do you know yet?
27 MR. JONES: With respect to timing, I can only say that
28 we've confirmed Mr. Klette is available for
29 cross-examination that week if required.
30 MR. DICKSON: Thank you, My Lord. I imagine that we
31 will wish to cross-examine him during that week.
32 As for rebuttal evidence, I'll have to confer with
33 our experts and see what their timing is.
34 MR. JONES: One other thing, My Lord. You mentioned
35 the two Klette affidavits, I believe, but not the
36 records themselves. The birth records.
37 THE COURT: Oh, yes. I beg your pardon. The birth
38 records on the basis that you tendered them are
39 admissible.
40 MR. OLTHUIS: My Lord, sorry, if I may. Just as a
41 matter of clarification, you indicated that the
42 amicus and those interested persons who were
43 allied, would that include any interested parties
44 cross-examining.
45 THE COURT: Yes, in the traditional way we have been
46 doing it. Absolutely.
47 MR. DICKSON: And, My Lord, I take it the birth records
2
Certification

1 will not be available, the unredacted birth


2 records are not available to the FLDS; correct?
3 THE COURT: Correct.
4 MR. JONES: The only other matter, My Lord, I just
5 wanted to mention is that we will be filing with
6 the court two more Brandeis brief affidavits.
7 One of them will attach the English
8 translation of the Quebec report. The other one
9 has some material in it that I have mentioned to
10 my friends but they haven't seen yet. So I would
11 propose that, assuming there is no objection to
12 that stuff, we would read it into the record in
13 that week as well.
14 THE COURT: Okay. Now, do we have the CBC application
15 that week as well?
16 MR. JONES: That's scheduled for the 7th, My Lord.
17 THE COURT: It's scheduled for the 7th?
18 MR. JONES: Yes, My Lord.
19 THE COURT: The Supreme Court Canada --
20 MR. JONES: Has given you a lot of discretion.
21 THE COURT: Interesting decisions. That's all.
22 MR. DICKSON: Thank you, My Lord.
23 THE CLERK: Order in court. Court is adjourned until
24 February 7th, 2011, at 10 a.m.
25
26 (PROCEEDINGS RECESSED AT 10:06 A.M.)
27
28 I, SPENCER J. CHAREST, OFFICIAL REPORTER
29 IN THE PROVINCE OF BRITISH COLUMBIA, CANADA,
30 DO HEREBY CERTIFY:
31
32 THAT THE PROCEEDINGS WERE TAKEN DOWN BY
33 ME IN SHORTHAND AT THE TIME AND PLACE HEREIN
34 SET FORTH AND THEREAFTER TRANSCRIBED, AND THE
35 SAME IS A TRUE AND CORRECT AND COMPLETE
36 TRANSCRIPT OF SAID PROCEEDINGS TO THE BEST OF
37 MY SKILL AND ABILITY.
38
39 IN WITNESS WHEREOF, I HAVE HEREUNTO
40 SUBSCRIBED MY NAME THIS 8TH DAY OF FEBRUARY
41 2011.
42
43
44
45 ______________________
46 SPENCER J. CHAREST
47 OFFICIAL REPORTER