WTNESS NO.

_
October 14,2010

No. 5-097767
Vancouver Registry

IN THE SUPREIIE COURT OF BRITISH COLUMBIA

IN THE MATTER OF:

THE CONSTITUTIONAL QUESTION ACT, R.S.B.C. 1986, c. 68

AND IN THE MAfiER 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, 2OO9 CONCERNING
THE CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA.
R.S.C. 1985, c. C-46

AFFIDAVIT OF WITNESS NO.

l, Jennifer Zitting, resident of Hunicane, UT, MAKE OATH AND SAY AS FOLLOWS:

1. I have personal knowledge of the facts set out below, except where indicated to
be on inbrmation and beliel in which case lverily believe such facts to be true.

I am aware of the order of the Chief Justice made September 24, 2A1A and I

elect to avail myself of the protections authorized by that order.

3. I was not born into a polygamist family. I grew up in the most typical American
Family you could imagine, a mom, a dad, a brother, and myself. I went to regular
public schools, and I even maried my High School sweetheart. Like most young
marriages though, that didn't last long.

4. Needless to say I was very concemed when lfound that I had been dating a man
who was from a polygamist family, and a member of their church. I was
confused because he was so kind to me and my children that he hardly fit the fist
 pounding, bible quoting, tyrannical stereotype that I had been raised with. The
contusion deepened when I was brought to visit his family for the first time. His

mothers loved each other and all the children and they worked as an amazingly
.: i.. ,.:: .:, .

well coordinated team. In the 10 years I was part of this family, I had plenty of
opportunity to see that my initial observation was not an act or an isolated
incident. His father was a happy man who was willing to embrace all the joy life
had to offer. Even though his children grew up to choose many different refigious
belieb from Fundamental Mormonism to Catholicism and the LDS Church, each
child was loved and aecepted and all were included in every family activity. In
seeing this, the stereotype that those who oppose their church leaders are cut off
from their families also fell, and my confusion grew.

5. The more attached to this man I was dating that I became, the more I wanted to
understand the futh of his religion. I read books that I found at the bookstore,
but they were merely historical accounts of the past. I took things a step further,
my mother was a staff member at the University of Utah. One day I used her
staff card to go to the University Library. There, I found several Doc'toral Theses
in Sociology and Anthropology that had been produced by graduate students
who had lived in differcnt polygamist communities. One of the most interesting
things lfound from these papers is that women actually have an amazing amount
of autonomy in these communities. Officially these corqmunities are patriarchdl,
but in the health and well being of the communities, it is the women who take the
lead. By the time a man finds out that someone in the community has a need, it
has usually already been filled by women in the community who have already
gotten together and provided for them. Eventually, I manied my boyfriend, and
we moved to a polygamist community, and time and again, the phenornenon that
I read in that thesis was demonstrated to me. :

6. In addition, while living in a polygamist communily, I met women who had the
freedom to pursue high powered careers. Many women in the community held
masters degrees in teaching end special education. Quite a few women had
nursing degrees, the nurse practitioner who ran the clinic was a woman, and
 -3-

there was even a

female lawyer. Even the women who stayed home
accomplished feats that would amaze the average woman. I know one who
raised 24 children, and did it well. I have noticed that these women have
a* 'tnatt moiiog"rou"" wives donit nate' b"""ur""'ffiey' are not 100%
responsible for the care and feeding of their husbands. Some of the women don't
take advantage of that freedom, but otherc of them take ftat opportunity and run
with it.

7. In living in a polygamist community, I myself leamed several important life skills

that have made it possible to accomplish things that I wouldn't have thought
possible for me before. In trying to blend my children from a previous maniage
with my husband's children ftom his previous marriage, I adopted the teaching
that all children are the family children, and while you may not be able to help
feeling differently about them, it is never okay to treat them differently. My family
ended up blending so well, that even as they have grown, they still think of each
other as brothers and sisters. When another woman in the community that I had
difficulties with came over to take care of me after I had a baby and my husband
couldn't be there, I learned fie value of putting your feelings aside and helping
those in need. This example made it possible for me to heal many fractured
relationships in my orvn life.

I ended up divorcing my husband, but it was for things that had nothing to do wi$r
church teachings. Still, when I left, my husband and I divided our assets
amicably, and we even managed to run our company together for 3 years
aftenrvards. In addition, his family still accepts me at family gatherings and treats
me r,rellwithout ever pressuring me to go back to the religion.

9. In my current life, I am single and I don't have anyone to answer to. Like many
single mothers, I have to wake up at 5:00 wery morning to get 5 kids dressed
and fed and ready for school. Breakfast is usually whatever is fast that we can
eat in the car, and by the time I drop the kids off at school, they are pumped up
from a moming of being rushed around, and I'm t"e.zzled. At the same time, my
 -4-

daily routine is such that I am in and out of the home of a large polygamist family
throughout the day. When I am there in the rnornings, I walk through the door
and_,th€ children
?fg,
afl sitting together at tables,laughing while, one mom is
making them pancakes and another one is fixing the girls' hair. Another mom is
making sure that homework and notes are gathered and ready to go, and the
mothers who work outside the home are free to get up, get ready and head to the
office. When I see this scenario day in and day out, I am struck by how much
calmer and less stressed these children are than my own. lt would be hard for
me to say that these women and children are abused.

lf abuse of women and children was an integraf part of polygamy, then the things
that I have seen and experienced in my life wouldnt be possible. Any society is
made up of human beings, and as such has its imperfections. I am sure that
there are abuses that happen, as happens with any society, but I have not
personally seen or experienced these abuses. lt has been my experience that
this abuse is an exception rather than the rule.

SWORN BEFORE ME at:

city: Cen\eu*$d P'.tk

State: Arieone
, this 15 day of October, 2010.

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