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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Wed Aug 10, 2011 2:18 am Post subject: |
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| Quote: | VANCOUVER - The RCMP is preparing to head to Texas to look for more than two dozen brides from Bountiful, B.C., who were allegedly sent across the border as teens to marry older men, including a polygamous leader now facing a life sentence for sexually assaulting two teenage girls.
The Mounties launched a new criminal investigation into Bountiful earlier this year after a constitutional case examining Canada's anti-polygamy law heard allegations of cross-border marriages in the 1990s and early 2000s.
B.C. Supreme Court heard that more than two dozen girls were sent to the United States to marry older men, while several American girls were married to Canadians.
At least three girls from Bountiful— two 12-year-olds and a 13-year-old — were taken to the U.S. by their parents and married to leader Warren Jeffs, according to church records presented in court.
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| Quote: | Unlike previous investigations involving Bountiful, the RCMP isn't looking into allegations of multiple marriage, said Moskaluk.
"This particular investigation in regards to the movement of child brides from Canada to the U.S. is totally separate from the previous investigation of polygamy," said Moskaluk.
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3142 Location: tahsis, british columbia
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Posted: Wed Aug 10, 2011 4:03 pm Post subject: |
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When Warren Jeffs called down the wrath of his God, his followers listened. Now every slip and slide of the stock market, every flood, every high wind, even the drought afflicting Texas and Arizona will be "proof" the prophesy is bang-on.
They'll find a new or interim prophet, a new leader, and will assure each other that every move any police or other government agency makes is proof they are being assaulted and assailed by the devil and the devil worshippers. Each man arrested for the sexual abuse of children will be deemed a martyr.
It's not as if it's possible to reason with some people. They are what they have been brainwashed and conditioned to be. I really believe the best thing we can do is provide easily accessible intervention houses for those who haven't swallowed the b.s., give those who are fleeing the cult every chance to do so safely.
The big worry is that the "faithful" will arm themselves to the teeth and start shooting at police and welfare investigators. Then we can all cringe at another blunder such as the one kicked off when they tried to move in on David Koresh.
The Taliban isn't the only group promising celestial reward for martyrs. |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Fri Aug 12, 2011 7:31 am Post subject: |
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Jeffs convicted with Canadian evidence(or so says the BC government)
| Quote: | B.C. has been unable to win polygamy convictions connected to the religious commune of Bountiful, but the province's attorney general is taking credit for helping to prosecute American polygamist leader Warren Jeffs.
Attorney General Barry Penner said his ministry shared information with prosecutors leading up to the life sentence imposed by a Texas court after Jeffs, the self-proclaimed prophet of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, or FLDS, was convicted of sexually assaulting two teen girls.
"We shared [information] with authorities in Texas and I am told that it proved to be useful in the recent prosecution and conviction of Mr. Jeffs," Penner said.
Penner didn't say exactly what details were offered to U.S. prosecutors, but hinted that the information came to light fairly recently.
'The evidence of the defendant's conduct with respect to these two Canadian girls was relevant to the jury's determination.'
—U.S prosecutor Eric Nichols"We developed some information and evidence as we were preparing our court case this spring, asking the courts to rule on Canada's prohibition under the Criminal Code for polygamous marriages," he said.
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So, if the RCMP has evidence from Bountiful that relates to child-rape in Texas, it seems plausible that Canadian laws were being broken somewhere along the way as well(even if they don't find evidence of actual sex-crimes taking place on Canadian territory). From the sounds of it, this "Quorum Of The 12" might be the most solid link between Bountiful and criminal activity. (That's discussed later in the article.)
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Wed Nov 23, 2011 5:28 pm Post subject: |
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Hey, I was wondering when this thread would get another installment, and now here we go...
| Quote: | On Wednesday, B.C. Supreme Court Chief Justice Robert Bauman will rule on whether Canada’s law against polygamy is constitutional. B.C. put that question to a court reference in 2009 after the failed prosecution of two community leaders from the polygamous community of Bountiful, B.C.
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If my calculations are correct, the decision should be announced any minute now.
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Wed Nov 23, 2011 7:03 pm Post subject: |
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| Quote: | VANCOUVER - The harms that polygamy inflicts on women and children outweigh any claims to religious freedom, a B.C. judge said Wednesday in a landmark case that is almost certainly destined for the Supreme Court of Canada.
Chief Justice Robert Bauman of the B.C. Supreme Court concluded Canada's 121-year-old polygamy law is valid as long as it isn't used to prosecute child brides, and he suggests it should be interpreted that way.
"This case is essentially about harm. ... This includes harm to women, to children, to society and to the institution of monogamous marriage," wrote Bauman.
"Polygamy's harm to society includes the critical fact that a great many of its individual harms are not specific to any particular religious, cultural or regional context. They can be generalized and expected to occur wherever polygamy exists."
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Wed Nov 23, 2011 7:05 pm Post subject: |
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| Interesting that the judge specifies that prosecutors need not demonstrate evidence of abuse or coercion. The mere fact of it being a polygamous marriage is enough. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17673 Location: Seceded from the Ford Nation
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Posted: Wed Nov 23, 2011 7:11 pm Post subject: |
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And the law was upheld, with the clarification that someone who enters into a polygamous marriage as a minor should be exempt from prosecution. The second part? A bit irrelevant, I'd say, when was the last time someone was successfully prosecuted? And a bit frustrating, given that he refers to minors from "12-17" ... so anyone "marrying" them should be, as so many of us have argued, charged with sexual assault, rather than polygamy.
But it also sounds as though the judge highlighted very effectively the many problems stemming from the type of polygamy practised in Bountiful. He said the law against it is an appropriate limitation of individual rights.
| Quote: | B.C. Supreme Court has upheld Canada's polygamy laws, but said minors who end up in polygamous marriages should be exempt from prosecution.
In a 335-page decision released on Wednesday, Chief Justice Robert Bauman ruled in favour of the section of the Criminal Code outlawing polygamous unions.
But he suggested the law shouldn’t be used to criminalize minors who find themselves married into polygamous unions.
“I have concluded that this case is essentially about harm,” Bauman writes.
“More specifically, Parliament’s reasoned apprehension of harm arising out of the practice of polygamy. This includes harm to women, to children, to society and to the institution of monogamous marriage.”
... Bauman concludes “women in polygamous relationships are at an elevated risk of physical and psychological harm. They face higher rates of domestic violence and abuse, including sexual abuse.”
He also points out higher mortality rates of children born into polygamous families, the dangers of early sexualization of girls, gender inequality, and the problem of so-called lost boys – young men turfed out of polygamous communities as a result of competition for young brides.
Bauman acknowledges the infringement of the law on rights guaranteed by the charter, but concludes those limits are reasonable given the prohibition’s objectives. But he suggests a change to the way the law is interpreted as it applies to children between ages 12 and 17 who marry into polygamy.
He says the law would criminalize children – amounting to a serious impairment of “young persons’ liberty interests." |
CBC.
ETA: X-posted! |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Wed Nov 23, 2011 9:11 pm Post subject: |
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No problem. Your post was more in-depth than mine anyway.
I have a question for the legal team here:
It seems to be a foregone conclusion that this will be appealed to the SCOC. But, what exactly will be appealed? Will it be the original criminal case(which had been thrown out), or will it be this "consultation" from the SCOBC?
And if it's an appeal of the consulation, will the SCOC's ruling also be regarded as a consultation, ie. non-binding? |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Wed Nov 23, 2011 9:34 pm Post subject: |
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I'll wait to hear from the SCC, because I think it is a bad ruling.
It is unfortunate that the government has not been able to make charges of child abuse, assauit and forcible confinement stick. But that does not make it right to criminalize something which is incidental, and which in and of itself does no harm, and should be a free choice.
After all, it wasn't too many years ago that the govenrment of Ontario recognized three-way custody for a child. Families and valid relationships do not come in just one form.
Just my opinion, and I realize it may not be a popular one. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17673 Location: Seceded from the Ford Nation
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Posted: Wed Nov 23, 2011 10:14 pm Post subject: |
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Nope, I think that there's a fairly broad consensus here that polygamy (or multi-person marriage) is not inherently a bad thing between consenting adults.
My issues in this case are with the sexual assaults of children (should be prosecuted), the oppressively misogynistic nature of these particular religionist "marriages" (should be condemned), and from what I understand, pretty blatant abuse of the welfare system (should be prosecuted). |
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TS. Delicious schadenfreude

Joined: 11 Apr 2006 Posts: 14585 Location: Toronto, ON
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Posted: Wed Nov 23, 2011 11:43 pm Post subject: |
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I'm (slowly!) making my way through this ruling, but so far it seems to be vulnerable to being reversed on at least the point that the judge seems to have accepted the "harm principle" as being the basis of criminal law, a proposition that was flatly rejected by the majority of the Supreme Court in R. v. Malmo-Levine (which upheld the marijuana laws). He also seems to have concluded that simply decriminalizing polygamy leads to a whole bunch of inevitable harms which cannot be prevented other than by criminalization. This is just my first blush opinion, and I will hopefully have something a little more in-depth to say after I've finished reading the ruling. _________________ "Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear." - Thomas Jefferson |
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3142 Location: tahsis, british columbia
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Posted: Thu Nov 24, 2011 1:43 am Post subject: |
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Polygamy, in and of itself, doesn't bother me one little bit. Nor does the other side of the coin, I think it's called polyandry...AS LONG as the ones involved are adults, and enter into the arrangement freely. I know that 'legally' in this country you can only be married to one person at a time; but where does "marriage" come into it, anyway. If people want to live together, be sexually active together, in whatever/whichever combination it's really no skin off my nose.
Just keep the kids out of it. The police have had their heads comfortably shoved shoulder-deep up a very basic fundament for years. If twelve year old girls are being taken over the 49th parallel and handed over in 'marriage' to adult men, some of them old enough to be at least the grandparent of the kid, then surely to God (and three reliable witnesses) it shouldn't strain the capabilities of the Mounties to prove such a thing happened. And to lay charges against anyone and everyone who in any way contributed to the matter. That would include whoever drove the car, for example. Probably include the mom and dad who agreed to the matter. Certainly include the groom and the preacher!
This verdict is just going to continue the back-and-forth legal tennis match, it will spend a whole-bunch of money, waste a lot of time, and keep the TV reporters busy driving out for yet another interview. And while the pavanne continues more children will be born to underage moms, more "lost boys" will be turfed out into a world where they are under educated, unskilled and unprepared, and more girls will wind up being impregnated by much older men.
And what "free choice" does a girl have if she is born into a situation such as has been reported and exposed at Bountiful. From birth she is taught it is an honour, from birth she is carefully brainwashed to believe God not only approves, but demands her cooperation. All her brief life she is told that if she resists and refuses the "honour" she will go to hell and burn for eternity...so she might as well smile, smile, smile and go along with it because nobody has introduced her to any kind of perceivable option.
So much money spent on this farce, and more will be spent when the appeal process unwinds. But we "can't afford" to set up an Information Centre where anyone who wants to leave the sect can go and receive help, be given transportation out, a place to stay, counselling, and be put in touch with others who have successfully left. Oh no, that might in some way offend someone.
And in the meantime more little girls are taught that they do not count as individual people, that their sole value is in their ability to reproduce, that they were designed by the Almighty to be impregnated by some wattle-necked old geezer and the kicker is, they are supposed to consider it an honour.
Once again the law in its infinite wisdom has done sweet fuck all to protect children.
Well, hell, it's easier to make more of them than to take care of the ones already here! |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Thu Nov 24, 2011 2:29 am Post subject: |
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@ anne cameron
I agree with your assessment and your frustration. The fact is that there are communities which are similar in many respects except that they do not practice polygamy. The same indoctrination of children; the same misogyny, the same seige mentality, and the same expulsion and shunning of those who do not fit in.
Yet in the case of these other communities, and even cults, we cannot compel except by the law.
Again, as frustrating as it is, I think the same standard should be applied here. One could argue that the fact polygamy is illegal has driven the abuses even further underground, and made it harder to reach a conviction.
I just see cutting corners like this, and counting on the moral outrage of the public to justify it as a dangerous precedent. It does not only affect people in those communities, and even if it did, it does not necessarily make it right. |
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m0nkyman you need arms on the left too

Joined: 11 Apr 2006 Posts: 1141 Location: Ottawa
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Posted: Thu Nov 24, 2011 4:42 am Post subject: |
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I'm just trying to figure out an experiment that would show how monkeys would react to having their grapes taken because one of the one hundred monkeys needs them all because he lost them in the cucumber derivative market. _________________ "If I can not dance, I want no part in your revolution."
Emma Goldman |
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bshmr Fulltime enMasse Member
Joined: 22 Aug 2006 Posts: 4004 Location: Central USA, Earth
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Posted: Thu Nov 24, 2011 4:53 am Post subject: |
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Secular, legal, marriage is a broad set of laws and services which have evolved to be provided by the State for what is considered the best interest of the involved as well as other citizens.
The religious aspects are irrelevant as far as divorce, civil rights, property, familial responsibility, ... and so on of secular, legal, marriage is concerned.
I do care that poly-whatever is more likely to create disadvantaged in all forms than a restrictive simple monogamy/mono-andry(?).
This is in addition to trysts and abuse with minors or by minors being abominable. |
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Raos volatilis vir

Joined: 11 Apr 2006 Posts: 5480 Location: Petropolis
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Posted: Thu Nov 24, 2011 5:47 am Post subject: |
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Are social harms or abuse of the disadvantaged/vulnerable more prevalent (in so far as they actually may be) in polygamous communities than monogamous because of something inherent to polygamy, or might its status as illegal, which thus drives it underground and out of the light of scrutiny or oversight and without (equal) access to legal protections and other forms of public assistance, be somewhat responsible? As with alcohol, as with marijuana, as with prostitution, prohibition introduces a host of associated problems that are not truly attributable to the subject in question, the status of il/legality itself is a confounding variable.
It could be entirely true (now, in the existing context) that the real harms (child abuse, forced marriage, spousal abuse, etc.) are unable to be addressed directly in polygamous situations like these, while also true that if polygamy were not illegal and consequently isolated that they could be addressed directly. Finding the former as a justification to outlaw polygamy does not preclude the latter, which would suggest that (even if the evaluation of harm is found to outweigh the restriction to freedom) the infringement is unnecessary and unreasonable.
[pedantic grammarian] *gamy (polygamy, monogamy, etc.) is the gender-neutral, general case term covering both sides of the coin; *gyny (polygyny) is the form covering relationships with women and *andry (polyandry) the analogous form for relationships with men.[/pedantic grammarian] |
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Senor Magoo He's got a big one

Joined: 11 Apr 2006 Posts: 8700
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Posted: Thu Nov 24, 2011 10:56 pm Post subject: |
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| Quote: | | Are social harms or abuse of the disadvantaged/vulnerable more prevalent (in so far as they actually may be) in polygamous communities than monogamous because of something inherent to polygamy, or might its status as illegal, which thus drives it underground and out of the light of scrutiny or oversight and without (equal) access to legal protections and other forms of public assistance, be somewhat responsible? |
My guess would be that it's not that polygamy itself has inherent problems, but rather that if you're choosing polygamy, there's a pretty high chance that you're from a conservative, patriarchal religion. So there's a definite observable relationship, but not specifically a causal one.
If anyone thinks we should really go right to the root, and outlaw conservative, patriarchal religions rather than polygamy, let's do it!! _________________ ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Sat Nov 26, 2011 4:58 pm Post subject: |
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And back south...
| Quote: | RCMP officers from British Columbia are heading to Texas next month to dig deeper into allegations of child trafficking.
The investigation was launched after U.S. police found documents that described how leaders of a breakaway Mormon sect shuttled children over the border to be married to much older men.
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Sat Nov 26, 2011 5:45 pm Post subject: |
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And back north, the polyamorists weigh in...
| Quote: | VANCOUVER — November 23, 2011 — The Canadian Polyamory Advocacy Association (CPAA) is relieved by BC Chief Justice Robert Bauman’s decision today clarifying the interpretation of Canada’s anti-polygamy law.
“Polyamorists are relieved they can be in loving egalitarian conjugal relationships without criminal sanction,” said CPAA legal counsel, John Ince, “Common law relationships are clearly not prohibited. Polyamorists who are dealing with immigration or family custody issues for instance now need no longer worry about being considered to be criminals”.
Many polyamorous women, as well as men, have multiple partners, and polyamorists think men and women have equal freedom to define their relationships. The CPAA says the decision will relieve most polyamorists but, alarmingly, will harm those who make certain formal commitments.
“The decision still criminalizes a segment of the polyamorous community if they have a marriage ceremony,” said Zoe Duff, a CPAA director and spokesperson. Duff also represents one of the five polyamorous families who provided evidence to the court. The decision clarifies that she is living legally with her two male partners.
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So, I'm a little confused. You won't be prosecuted if you forego a marriage ceremony. Does this mean that the Bountiful polygamists could avoid any further prosecution simply by finding a way to pair up multiple partners without having an actual ceremony and by avoiding terms like "husband and wife"? I'm sure Blackmore could easily arrange for the Angel Moroni to come down and hand them a new pairing procedure.
Also, if some polyamorous hippies out on Vancouver Island down a bottle of blackberry wine one night, gather under the full moon and declare their eternal love for one another in the sight of the Great Goddess, does this mean they can be charged with polygamy?
From what I'm reading about this decision, it seems to me that the judge basically just has a sense of what type of multiple-partnership he thinks is okay(the CPAA variety), what type he doesn't think is okay(the Bountiful variety), and is trying to craft a legal standard around these essentially arbitrary criteria. |
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3142 Location: tahsis, british columbia
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Posted: Sat Nov 26, 2011 6:40 pm Post subject: |
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Hey, howdy: out here on Vancouver Island we mostly don't use the blackberry wine for such goings-on because it stains yer teeth and tongue somethin fierce and that gives ya a goulish sort'a look when yer dancin around the bonfire nekkid, because when ya laugh ya look as if ya'v got a black maw instead of a mouth.
And, mostly, it isn't the great goddess we honour, she's got her own set of followers. Those of us who are happy to love just about anybody or even everybody as the case may be are more inclined to give a hoot to the Great I-Yam
Mind you, we don't do it very often. Bein nekkid is a chilly process in the teemin' down rain, and ya know (I expect) what happens to the guys when they get chilled. Shrinkage, so ta speak. Which kind of knocks the whole reason for the celebration flat on it's duff. And it's real hard to keep the bonfire burnin in the downpour. Mostly what we do is take a propane tank with us and run a hose-thingy so's the gas is directed into the bonfire to keep it burning...and we ain't nekkid, we're togged out in dry-backs and gumboots... |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Sun Nov 27, 2011 9:14 am Post subject: |
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Heh heh. I knew I might get roasted for my foray into "west coast hippie" stereotypes.
For the record, I just said "the Goddess" because she seemed like a more plausible candidate for such a ceremony than "God". And I admit that I got blackberry wine from the Gordon Lightfoot song.
And I never said anyone was naked! (Isn't the correct ritual term "skyclad"?) |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Sun Nov 27, 2011 3:41 pm Post subject: |
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@ Voice of the damned
They can't forego a ceremony because the whole idea is for them to be married in their temple so they can be together in the afterlife.
Being a church that believes in modern revelation, I'm sure they could arrange for a workaround (like god in the mormon church suddenly deciding that it was okay for people of African heritage to hold the priesthood) but somehow I don't think they would do that with the temple ceremony.
Besides, it's not one church - part of the reason all this shit is going on is because of the schism created by Warren Jeffs.
I remember reading in an article a year or so ago that the law includes as "ceremony" not just legal marriages, but any outlaw ceremony with the same intent. |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Sun Nov 27, 2011 3:55 pm Post subject: |
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If the law were fine-tuned to focus on the abuses particular to that organization I think it would be great - an an aggravating aspect, for instance.
And if there is indeed a loophole for polyamory, great (though there are still obvious problems about those relationships NOT being able to be legal)
But I am also thinking of other cultures for which polytamy is formally recognized. That other legal case in ontario, for instance, in which a murdered woman is refered to as the ex-wife when in fact she was the first wife in a polygamous family.
From the court records it is pretty clear that was a highly abusive situation, but I am wondering if the fact her relationship had to be hidden made her enough of a liability that it contributed to the alleged decision to murder her. I am just guessing, of course, but I do wonder. |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Sun Nov 27, 2011 3:59 pm Post subject: |
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| Quote: | Being a church that believes in modern revelation, I'm sure they could arrange for a workaround (like god in the mormon church suddenly deciding that it was okay for people of African heritage to hold the priesthood) but somehow I don't think they would do that with the temple ceremony.
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I guess what I'm thinking is that, given a choice between renouncing the ceremony, and renouncing multiple sex partners, the FLDSers would come down on the side of the former. Especially if they could figure out a way to make it a revelation.
Something like "Since these marriages are celestial anyway, we don't need to have a ceremony here on earth!!"
In any case, even if the Bountiful gang can't bring themselves to give up the ceremony, the judge's ruling still seems to open the door to any future polygamists to create marriages in all but name.
| Quote: | | I remember reading in an article a year or so ago that the law includes as "ceremony" not just legal marriages, but any outlaw ceremony with the same intent. |
Yeah, I assumed that the ruling was referring to outlaw ceremonies, not to legal ones. Since legal polygamous marriages don't exist, and no one at Bountiful is fighting for that, just for the right to practice non-legal ones.
I think that in trying to distinguish between legal polyamory, and illegal polygamy, we could eventually end up with a variation of the American judge's famous comment about obscenity: "I can't define polygamy, but I know it when I see it". |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Sun Nov 27, 2011 4:25 pm Post subject: |
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Plus "abuse of authority" is a professional matter - grounds for a guild, or employer to discipline, or at the very most something that might be a factor in a civil suit. I don't think it is by itself a criminal matter (honest question though - please correct me if I am mistaken).
After all, when a person in authority counsels you in good faith to do something which benefits you, it is also a use of that authority. So it seems to me it is only relevant as an aggravating factor to something else which would be damaging or criminal - abuse, bodily harm or fraud. |
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3142 Location: tahsis, british columbia
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Posted: Sun Nov 27, 2011 5:19 pm Post subject: |
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| Of course this decision will be appealed...so that will drag on for, what, two more years? During which time nothing substantive will change... certainly nothing is going to improve... but, once again, the government of BC will be able to wring it's hands and say we're trying, we're trying... while actually not trying very hard at all...stop funding the schools in Bountiful which teach repressive ideals, send the kids to regular public school, investigate the welfare fraud, enforce income tax ... all the things which are not being done and haven't been done... get convictions and send the men to jail, give the kids a break... if this was a collection of non-white non-Christians it wouldn't take six months to make a significant dent in the incidences of abuse... |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Sun Nov 27, 2011 5:47 pm Post subject: |
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@ anne cameron
Exactly.
Actually there was one case in which the law was enforced - back in 2005 three of the women married to Winston Blackmore tried to apply for residency because of the schism which was happening in the community.
The three women were were all deported back to the U.S. - without their children
http://www.vancouversun.com/Immigration+brought+bear+bountiful/1227...
According to this story they live just south of the border in Idaho. As well, two other women named in indictments against Blackmore married each other after same sex marriage became legal in Canada:
http://www.childbrides.org/canada_VS_2_charged_appear_in_BC_court.h...
If the authorities were as zealous about the laws which apply to the men, and to the community as a whole would there be any need to haggle over the marriage law? |
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3142 Location: tahsis, british columbia
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Posted: Sun Nov 27, 2011 6:43 pm Post subject: |
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Daphne Branham has done a very good job of investigating and reporting the very complicated situation at Bountiful. For those who are interested in the history of the colony, her books are a valuable resource. She doesn't get all "nun in a whorehouse" about the sexual antics of these men, she doesn't seem interested in how they schedule their attentions... she just very calmly reports salient facts. I highly recommend her books to anyone who wants some background on this on-going foot-dragging b.s. on the part of the governments of this province.
If anyone has questions about the character of Winston Blackmore, I suggest you think about how he is using his own children as pawns in this immigration case... those kids could be with their mothers but Winston says no... and what Winston says , goes. Not just with his followers in this cult, but, it would seem, with the RCMP, the federal immigration drones and the power brokers in Victoria. |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Mon Nov 28, 2011 1:59 pm Post subject: |
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| Quote: | University of Toronto law professor Brenda Cossman speculated that Chief Justice Bauman became so repulsed by a controversial polygamous sect living in Bountiful, B.C., that he lost sight of the fact that the polygamy law also ensnares other benign, unconventional relationships involving more than two individuals.
“The decision is built on a house of cards,” Ms. Cossman said. “You can’t just say that marriage is better than non-marriage. What happened to swingers? What happened to people who are adulterous? His continuous assertion about the harm that polygamy does to monogamous marriage is deeply problematic.”
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| Quote: | Bruce Ryder, another Osgoode Hall law professor, said the decision has a fundamental flaw that will likely doom it. “He placed an ideological and constitutionally dubious premise at the heart of his opinion – namely, that the state can punish other family forms for the purpose of promoting monogamous marriage.”
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Hat tip to babble for this CBC link |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Tue Jan 24, 2012 8:22 am Post subject: |
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| Quote: | The polygamous community of Bountiful is not a congregation and by insisting that it is, community leader Winston Blackmore is trying to offload a tax bill on to those who can ill afford to pay it – including young men shipped out of the community to work at low-paying jobs, a federal tax lawyer said on Monday.
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| Quote: | Ottawa says tax laws governing religious congregations were designed for closed communes such as Hutterite colonies, where residents have no property or possessions of their own and work exclusively for the betterment of their community.
That’s a far cry from Bountiful, where some members have credit cards and their own property and work outside the community, Ms. Burch said in her opening remarks. Tax officials have re-assessed Mr. Blackmore’s tax filings to add $1.5-million in additional income from 2000 to 2004 and in 2006.
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Tue Jan 31, 2012 4:42 pm Post subject: |
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Two UBC anthroplogists. including an expert witness from the recent BC court hearings, have written a study on the impact polygamy on women's rights and other indicators. Their conclusion...
| Quote: | Monogamous marriage has largely preceded democracy and voting rights for women in the nations where it has been institutionalized, says Henrich, the Canadian Research Chair in Culture, Cognition and Evolution in UBC’s Depts. of Psychology and Economics. By decreasing competition for younger and younger brides, monogamous marriage increases the age of first marriage for females, decreases the spousal age gap and elevates female influence in household decisions which decreases total fertility and increases gender equality.
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The summary contains a link to the complete paper. |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Tue Jan 31, 2012 6:14 pm Post subject: |
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Not to speak ill of Hutterites' but they tend to have very fine vehicles, and top-of-the-line equipment. I don't think the religious excuse should necessarily apply in their case either, when so many other independent farmers do not enjoy those kind of breaks.
Sorry... thread drift. |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Wed Feb 01, 2012 12:00 am Post subject: |
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| 6079_Smith_W wrote: | Not to speak ill of Hutterites' but they tend to have very fine vehicles, and top-of-the-line equipment. I don't think the religious excuse should necessarily apply in their case either, when so many other independent farmers do not enjoy those kind of breaks.
Sorry... thread drift. |
Not that I mind discussing Hutterites, but umm, what's the context for this Winston? What is this "religious excuse" and these "breaks" that you're referring to? And how do they relate to polygamy?
I know Hutterites used to have the right to forego photos for their driver's licenses, on religious grounds. Apart from that, I thought most of the "special treatment" they got was of the negative sort, eg. Alberta used to have laws targetting them for restrictions on land ownership and whatnot.
I didn't read the whole academic paper in my link. Does it mention Hutterites somewhere? |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Wed Feb 01, 2012 12:31 am Post subject: |
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@ VOTD
It's in the second quote in this post: Jan 24, 2012 8:22 am
I know it's a bit of a tangent, and I don't mean it as a slight against Hutterites, but I question how an exemption for their economic structure is valid, when it doesn't apply to other communities, and other people who decide they don't want to deal with money, property and private ownership.
And on the specific argument about Bountiful, although I think that tax lawyer may have some valid points, I think the claim that the community is not a congregation isn't all that sound.
Whatever it is, it is very much an intentional religious community, just as much as the Hutterites are. After all, how many non-FLDS people live there? |
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Senor Magoo He's got a big one

Joined: 11 Apr 2006 Posts: 8700
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Posted: Wed Feb 01, 2012 2:46 pm Post subject: |
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IANAL, but as I read it, the Hutterites pay taxes communally, because they live communally with none of them owning or earning anything individually.
In Blackmore's case, it would appear that the Crown is saying that the residents of Bountiful earn their own money and have their own possessions, and so should pay taxes individually like other Canadians. That they live in a community isn't the point, it's whether their finances are genuinely communal.
I'm not sure what "breaks" there are in this system, particularly of the type that some independent farmer might want a cut of.
I don't think the deal is that Hutterites pay zero tax, while other farmers pay tax. _________________ ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Thu Feb 02, 2012 4:03 am Post subject: |
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From this Vancouver Sun article it looks like the question isn't whether a communal order exists - it does.
The problem seems to be that Blackmore had businesses on the side which had nothing to do with it, and he wrongly made tax claims as if it were part of the FLDS Trust.
http://www.vancouversun.com/life/Winston+Blackmore+Bountiful+centre... |
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3142 Location: tahsis, british columbia
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Posted: Thu Feb 02, 2012 5:22 am Post subject: |
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I'm re-reading Daphne Bramham's book on Bountiful, "The Secret Lives of Saints". I recommend it to everyone interested in the several aspects of the Bountiful tragedy.
Bramham manages to stay fairly low-key and moderate in spite of her obvious outrage, not so much at Winston and the other men with their multiple and usually much younger wives, but at the generational governmental cluster fuck from ALL political parties. Time and again all levels of government have refused to deal with sometimes stunning and outrageous abuse of government funds and the lives of vulnerable and often helpless people, too many of them mere children. Over and over again bureaucrats and ministers have chickened out.
Well, why not, the worst behaviour comes down on women and children and who gives a rats' ass about them?
Socred, Liberal, and NDP governments have allowed to continue what are egregious violations of civil rights. They have, to put none too fine a point on it, kissed Blackmore's fat ass, possibly in the hope he'll send his followers to the polls to cast their vote in a particular way.
Winston might work overtime at portraying the image of a tubby hillbilly but he's a crafty bastard with plenty of money to hire highly skilled lawyers.
My hope is their dicks fall off. What has been done to children in this festering sinkhole is a shame on the entire province. |
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fork Utensil

Joined: 26 Apr 2006 Posts: 1283 Location: Left . . . of the plate
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Posted: Fri Feb 03, 2012 5:52 pm Post subject: |
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| 6079_Smith_W wrote: | | From this Vancouver Sun article it looks like the question isn't whether a communal order exists - it does. |
I didn't get that from your link.
| Quote: | Bountiful is not a religious commune . . .
That’s what Justice Department lawyers will try to prove over the next three weeks in Federal Tax Court. . .
Blackmore and his lawyer argue that the fundamentalist Mormon group fits all of the criteria . . .
But Justice Department lawyer Lynn Burch said in her opening statement that Blackmore and Bountiful fail on every count. They don’t all live and work together. There’s no doctrinal prohibition on members owning property in their own right. And the members do not devote all of their work and efforts to the common good. |
Here's Section 143. And the definition of congregation:
| Quote: | "congregation" means a community, society or body of individuals, whether or not incorporated,
(a) the members of which live and work together,
(b) that adheres to the practices and beliefs of, and operates according to the principles of, the religious organization of which it is a constituent part,
(c) that does not permit any of its members to own any property in their own right, and
(d) that requires its members to devote their working lives to the activities of the congregation; |
I think Magoo's right that it's not that Hutterites pay zero tax or that they are exempt from tax (a charity or religious organization being exempt from tax would fall under Section 149(1)(f) ). They spread the group's wealth and tax burden amongst the members. The law does smack of religious privilege, in that the group has to be part of a religious organization, and the definition of religious organization stipulates "belief in the existence of a supreme being". So a member of a non-religious commune organized, economically speaking, in the exact same way as the Hutterites, would not be able to take advantage of this income-splitting manoeuver simply because they're not claiming God told them to live like this.
I'm not a lawyer, and maybe that's why this seems to be a no-brainer to me, but wouldn't collecting welfare be, in effect, a declaration that one has received no, or almost no, income? So if it's true that Winston's group is "bleeding the beast" and members are fond of collecting welfare, how can they simultaneously argue that income and assets are owned collectively? It seems to me that either way, the government should win this one. Either Blackmore doesn't get to split his income under Section 143 and owes a hefty tax bill, or he does and the goverment can go after members who have been fraudulently collecting welfare. |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Fri Feb 03, 2012 6:21 pm Post subject: |
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If I read the Sun article correctly the only religious aspect of this is that the FLDS trust was presumably set up with religious exemptions (though it isn't stated explicitly).
And as for the link, that is the Justice department's argument. The only communal argument being made relevant to the case is Blackmore's attempt to claim his personal business as part of the trust and his multiple wives as dependents
In other words, the argument has nothing to do with the question of whether the trust or the community are religious, and everything to do with Blackmore trying to pull a fast one regarding his personal holdings and household.
I am not sympathetic to Blackmore, but I do find the claim that "bountiful is not a religious commune" to be misleading. It means one thing in the context of the trial and the technicalities of the legislation. Quite another when one is actually talking about the community.
Similarly, using the LDS Church as a source to discredit the FLDS is ridiculous, on the same order as the Pope calling protestantism a heresy.
http://www.vancouversun.com/news/Bountiful+religious+commune+polyga... |
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fork Utensil

Joined: 26 Apr 2006 Posts: 1283 Location: Left . . . of the plate
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Posted: Mon Feb 06, 2012 8:10 pm Post subject: |
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| 6079_Smith_W wrote: | | And as for the link, that is the Justice department's argument. |
Exactly. That's why
| Quote: | | . . . it looks like the question isn't whether a communal order exists - it does. |
is incorrect. Blackmore's arguing it does; the government's arguing it doesn't. The question has not been decided yet.
| Quote: | | In other words, the argument has nothing to do with the question of whether the trust or the community are religious. . . |
From the info we have so far, that is incorrect. At issue is Section 143 of the ITA and whether Blackmore's group qualifies for it. To do so, the group has to meet the criteria in the "congregation" definition. Note the (a), (b), (c), *and* (d) in the definition. The *and* is important. Blackmore's group must meet *all* the criteria therein. If the government can show that the group fails on any one point of that definition, they win. If the government can show that the group does not meet the definition of "religious organization", which "means an organization . . . that adheres to beliefs, evidenced by the religious and philosophical tenets of the organization, that include a belief in the existence of a supreme being", they win. So the group *must* be religious to avail themselves of Section 143 of the ITA.
| Quote: | | I am not sympathetic to Blackmore, but I do find the claim that "bountiful is not a religious commune" to be misleading. It means one thing in the context of the trial and the technicalities of the legislation. Quite another when one is actually talking about the community. |
The only relevant context here is the context of the trial and the technicalities of the legislation. The common definitions of religious commune, religious organization, congregation, or any other term defined in that Section, like "family", are irrelevant in an article discussing, specifically, a legal challenge to Section 143 of the ITA. "Bountiful is not a religious commune" means, here, that they do not meet the criteria for a congregation as defined in S. 143 of the ITA.
| Quote: | | Similarly, using the LDS Church as a source to discredit the FLDS is ridiculous, on the same order as the Pope calling protestantism a heresy. |
I'm not sure where they were going with that, but I think it might be to assert that their tenets don't include belief in a supreme being, and so they don't qualify for a S. 143 claim. I don't know enough about the group's beliefs to know if that's ridiculous or not. |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Mon Feb 06, 2012 8:49 pm Post subject: |
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| fork wrote: |
From the info we have so far, that is incorrect.
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Um. fork, the trust has existed for awhile as a legal entity. Nevermind that that was not my point, that was never in question. The whole thing about what is a congregation seems be to about Blackmore trying to include his private business under that umbrella. |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Tue Feb 07, 2012 12:06 am Post subject: |
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| Quote: | | I'm not sure where they were going with that, but I think it might be to assert that their tenets don't include belief in a supreme being, and so they don't qualify for a S. 143 claim. I don't know enough about the group's beliefs to know if that's ridiculous or not. |
I can't seem to find the link where someone was using the LDS to discredit the FLDS. But in any case, yes, it would seem that the FLDS do indeed have a notion of God...
| Quote: | What is the role of the prophet in the FLDS? Let’s take look at Warren Jeffs' teachings on the subject.
1. The prophet is God on earth to the people. “Each Prophet stands as God to the people. When he speaks, it is the Lord speaking.” “ When you're in the presence of our prophet, you're in the presence of God.” “The prophet is God with us and God over us. To obey the prophet is to obey God.” (WSJ 12/26/95, 1/4/96, 11/20/95)
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And so on and so forth.
Granted, I think the Mormon idea of God has him as a material being, which is somewhat at odds with the traditional Christian idea. But that's an aspect of maninstream Mormonism as well, not just the schismatic Bountiful variety.
link |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Tue Feb 07, 2012 12:55 am Post subject: |
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@ VOTD
THe reference to the LDS church was in the first article about the tax trial.
And I think Jeffs's comments go far beyond what any LDS Mormon would say about their prophet. No one would put the prophet on the same level as their god.
Though yes, the Mormon god is different than other christians in that he is not presumed to be the only god there is, and that he is, essentially the same as us, though in a higher state. |
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fork Utensil

Joined: 26 Apr 2006 Posts: 1283 Location: Left . . . of the plate
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Posted: Tue Feb 07, 2012 4:37 pm Post subject: |
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| 6079_Smith_W wrote: | | fork wrote: |
From the info we have so far, that is incorrect.
| Um. fork, the trust has existed for awhile as a legal entity. Nevermind that that was not my point, that was never in question. |
Here's what I was responding to:
| Quote: | | In other words, the argument has nothing to do with the question of whether the trust or the community are religious. . . |
I wasn't disputing whether there was a trust (if that's what you got from my post, I suggest you read it again, because there's nothing even remotely like that in there), but whether a trust/community has to be religious to avail themselves of Section 143 of the ITA. And it does. A commune (a) where the members live and work together, (b) that doesn't permit members to own any property in their own right, and (c) that requires its members to devote their working lives to the activities of the group, but (d) is not part of a religious organization, which, for the purposes of a S. 143 claim, is defined as including a belief in the existence of a supreme being, would not qualify. And it would not qualify because it is not religious.
This election, available only to the religious, even though there's nothing inherently religious about a commune, is a clear example of religious privilege. I see no valid reason to exclude communes that are not religious when, in the ways that would be relevant for assessing tax on income, religious and non-religious communes are behaving identically.
| 6079_Smith_W wrote: | | The whole thing about what is a congregation seems be to about Blackmore trying to include his private business under that umbrella. |
What this is about is Blackmore claims his group qualifies for S. 143. The government is arguing it doesn't. What do you mean by "Blackmore trying to include his private business under that umbrella"? If his group meets the requirements of S. 143, then those businesses are not Blackmore's private businesses; they're the group's businesses. They're "business agencies of the congregation" (see S. 143 link, first line*). Calling them Blackmore's private business is begging the question, determining that the group does not qualify for S. 143 and therefore any income derived from those businesses belongs solely to Blackmore. Even though that is what is in the process of being determined.
*There's some restrictions, but from my cursory research, I don't think it applies to Blackmore's businesses. If you click on the "business" hyperlink, employment is excluded. So if a member gets outside employment, it doesn't look like that can get pooled in with the group's income. Which makes sense, since (d) of the congregation definition requires members to "devote their working lives to the activities of the congregation". I also looked at paragraph 18 something, which has to do with claiming interest and property tax on a property. I didn't check the rest. |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Tue Feb 07, 2012 5:03 pm Post subject: |
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fork...
No, I don't think the question of whether the community is religious or not is relevant. Why? because this is not about the taxes of everyone else in the community, nor is it about the community pooling assets. The rest of the community is not on trial here.
This is about Blackmore claiming that he did not personally own shares which he did own. If they were actually part of the trust, why were they not listed as assets of the trust? Not asking you, but rather making the rhetorical point that it should have been clear. And at this point it seems Blackmore is claiming ignorance and blaming the bookeeper.
He may be making the argument that he wasn't aware, and that he thought he was just holding them in trust, but I think this has more to do with him covering his ass after the fact. Is there anything in this to suggest that everyone else in Bountiful should be able to file their taxes in the same way? I don't think so. This is just one guy trying to weasel his way out of a conviction.
Really, I don't see that we are taking opposing positions, since I agree with your points, except this is really about him claiming that HE qualifies for the exemption. The community is not on trial here. That, I expect, will come soon enough in another court. |
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fork Utensil

Joined: 26 Apr 2006 Posts: 1283 Location: Left . . . of the plate
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Posted: Tue Feb 07, 2012 5:41 pm Post subject: |
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| voice of the damned wrote: | | Quote: | | I'm not sure where they were going with that, but I think it might be to assert that their tenets don't include belief in a supreme being, and so they don't qualify for a S. 143 claim. I don't know enough about the group's beliefs to know if that's ridiculous or not. |
I can't seem to find the link where someone was using the LDS to discredit the FLDS. But in any case, yes, it would seem that the FLDS do indeed have a notion of God...
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I don't think the intent is to discredit. Blackmore has to show his group meets all the requirements of S. 143. The government only has to find one way in which the group fails to meet the requirements. It would make sense for the government to throw it all against the wall and see what sticks, no matter how remote the chances are of any single item being the one that wins the case. I mean, why not include it? And in that sense, it's not "ridiculous" for the government to put forth that argument, nor should we interpret it as an attempt to use the LDS to "discredit" the FLDS, whatever that means. Getting all bent out of shape because someone dares to question what exactly a group's beliefs are, when the group's beliefs are relevant (even central) to their eligibility for S. 143, is what's ridiculous.
And really, that's just one guess as to why the government brought up the LDS/FLDS/off-shoot of FLDS connection. |
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voice of the damned Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 6195 Location: slandered, libeled
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Posted: Tue Feb 07, 2012 6:06 pm Post subject: |
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| Quote: | I don't think the intent is to discredit. Blackmore has to show his group meets all the requirements of S. 143. The government only has to find one way in which the group fails to meet the requirements. It would make sense for the government to throw it all against the wall and see what sticks, no matter how remote the chances are of any single item being the one that wins the case. I mean, why not include it? And in that sense, it's not "ridiculous" for the government to put forth that argument, nor should we interpret it as an attempt to use the LDS to "discredit" the FLDS, whatever that means. Getting all bent out of shape because someone dares to question what exactly a group's beliefs are, when the group's beliefs are relevant (even central) to their eligibility for S. 143, is what's ridiculous.
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Well, if it DOES stick, and "no God = no religious group", the Unitarian Universalists might have very good reason to be worried. Since they require no belief in God for membership, and have atheists among their clergy and administrators.
| Quote: | Atheism and Agnosticism: Theological Diversity in Unitarian Universalism
Atheists are people who do not believe in a god, while Agnostics are people who think that we cannot know whether a god exists. Both groups are welcome in Unitarian Universalism.
Today, a significant proportion of Unitarian Universalists do not believe in any type of god. Our congregations are theologically diverse places where people with many different understandings of the sacred can be in religious community together.
More information about Atheism and Agnosticism from a Unitarian Universalist perspective is available from the following UU World articles. UU World magazine is published in behalf of Unitarian Universalist Association (UUA) congregations to help its readers build their faith and act on it more effectively in their personal lives, their congregations, their communities, and the world.
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There have already been attempts by fundamentalists in the USA to revoke Unitarians tax-exempt status, on the grounds that belief in God is not a requirement of their faith.
These efforts failed(a fact about which I guess am happy, being UU affiliated myself, albeit with reservations about religious tax exemption), but if the government's argument works against FLDS, you can look for this country to be the fundamentalists' next battleground against Unitarianism.
link |
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6079_Smith_W Fulltime enMasse Member
Joined: 15 Nov 2011 Posts: 593
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Posted: Tue Feb 07, 2012 6:15 pm Post subject: |
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| And really, bringing up the LDS Church only makes the point that they are not LDS. As to which is the offshoot, I think the LDS might have a hard time proving their case, since they are the ones which changed from the original belief, under pressure from the govenrment. |
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fork Utensil

Joined: 26 Apr 2006 Posts: 1283 Location: Left . . . of the plate
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Posted: Wed Feb 08, 2012 1:11 pm Post subject: |
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| voice of the damned wrote: | | Well, if it DOES stick, and "no God = no religious group". . . |
It's not a matter of if it does stick, it already has stuck. It's not in dispute. "No God = no religious group" is already the reality*. But rest easy, because as I've said repeatedly, and in italics, this definition of "religious organization" is applicable only to S. 143. So it has nothing to do with being tax-exempt as a charitable organization. To register as a charity, an organization has to meet a public benefits test:
| Quote: | | Currently, there is a legal presumption that a public benefit exists where an organization's purposes fall within the first three categories of charity (i.e. relief of poverty, advancement of education or advancement of religion). |
Is there a clear definition of religion for the purposes of registering as a charity? It would appear not:
| Quote: | The paucity of Canadian case law considering “the advancement of religion” is exacerbated by the general failure of the courts to define what religion means. The cases upholding charitable gifts to religious institutions generally proceed on the basis that a given belief system is a religion, without providing any legal justification for this assumption. Although the bodies under consideration have often been ‘established’ religious institutions, the status of more obscure institutions has also been
determined without any decipherable reasoning. . .
The effective result of this situation is that the legal definition of religion in Canadian charity law, so far as it exists, is an administrative secret protected by s.241 of the Income Tax Act. The absence of a
coherent, legally binding definition may itself have constitutional implications. |
*And has been for over 25 years. If you go to the Department of Justice link (at the bottom of the S. 143 taxwiki link), it looks like it was enacted in 1985. |
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fork Utensil

Joined: 26 Apr 2006 Posts: 1283 Location: Left . . . of the plate
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Posted: Wed Feb 08, 2012 1:38 pm Post subject: |
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This Maclean's article might shed some light on why LDS was brought into the picture:
| Quote: | At issue is whether the polygamous group of some 450 that Blackmore leads constitutes a “congregation” eligible for special tax status under the arcane “Communal Organizations” section of the tax act. The blunt assessment by Justice Department lawyer Lynn Burch is no. In opening comments in the federal Tax Court appeal, she called him merely the “patriarch of a large polygamous family.” What little legitimacy that he had as a bishop of the Fundamentalist Church of Latter-Day Saints ended in 2002, when the community split in two and Blackmore was excommunicated from the controversial church. He represents, she said, “a splinter group of a splinter group.” . . .
To achieve special communal status as a congregation—as, for example, Hutterite communities have—Blackmore’s group must meet the criteria under Section 143 of the act. Members must live and work together, adhere to the principles of the religion, they can’t individually own property and their working lives must be devoted to the congregation. Blackmore, clutching his books of faith, testified he and his flock meet that test. He cited from the founding Covenants and Doctrines of the Latter-Day Saints, which says all members have “equal claims” to property, and that men’s talents must contribute to “the Lord’s storehouse to become the common property of the whole church.” At other times he quoted Scripture, and the teachings of the Prophet Joseph Smith, who published the Book of Mormon in 1830. Blackmore said he remains faithful to Smith’s “founding principles,” including plural marriage, while mainstream Latter-Day Saints broke faith. |
my bold
Blackmore himself is using the LDS and the Book of Mormon to try and show that he meets the "property held in common as a requirement of his religion" test in s. 143.
I don't see what's so outrageous or illegitimate about questioning whether something is a religion, especially in the absense of any clear definition of religion. That Blackmore is the head of a religious group and not just the head of a large poygamous family isn't a demonstrable fact. Sure, the religious tend to want everybody to take it on faith, but screw that. |
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