Affidavit No. | of Merrill Palmer Sworn +2010 No. S-097767 ‘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, R.S.C. 1985, C. C-46 AFFIDAVIT I, Merrill Palmer of Lister British Columbia, MAKE OATH AND SAY AS FOLLOW: 1. Thave personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief if which case I verily believe them to be true. 2 1am the principal of the Bountiful Elementary and Secondary School (“BESS”). I have been principal of the school since January 1986 and a teacher at the school since 1981. Thave a teaching degree from Souther Utah State College with a secondary education endorsement, T have been a member of the B.C. college of teaches since its inception. 3, The FLDS community in Lister British Columbia has operated a private school for children of the community since 1959. Originally, the school was call the Hope private school but that name was changed in 1987 to the BESS.4. The current schoo! building located in the community was constructed in 1985. Since that time there have been a number of additions and improvements to the school funded by the community. 5. In 1985 I made an application to the ministry of education to increase the funding provided by government. Prior to 1985 BESS was classified as a group 1 independent school. In 1985 L applied to change the status of BESS to a group 2 independent school. 6. The classification status has changed in the last 25 years so that today a group 1 school receives the highest level of funding (50%) available outside of the public system. A group 2 school receives 35% of per pupil public school funding. A group 3 school receives no funding. ‘The difference between the funding levels relates to operating costs, details of which I will not discuss here. Being a group I school today comes with a price of accountability, particularly in certification and cu:riculum. BESS is subject to two internal student audits per year, one extemal student audit per year, and one external financial audit per year. 7. The first external evaluation inspection by the ministry of education occurred in March of 1986. BESS was thereafter approved for what was then called group 2 status which increased the ministry funding of BESS to 30% of the average per pupil funding by the ministry of education of public schools. 8. This percentage of funding has increased over the years so that today, BESS receives, as stated above, 50% of the per pupil funding provided by the ministry of education to public schools. 9, The operating expenses incurred by BESS are funded by the ministry of education. All capital expenses such as building repairs ete are funded by the FLDS community. 10. My understanding of the current legislation is that independent schools are required to undergo an external ministry of education evaluation at least every 6 years with a monitoring inspection at least every 2 years. Generally these inspections last 2 or 3 days and are carried out by several inspectors. These inspections, conducted by the Office of Inspector of Independent Schools (“OTIS”) are in addition to the inspections referred to in paragraph 6 of this affidavit.aes 11. Asa general rule the EEC (external evaluation committee) arrives early on the first day of the inspection and spends two entire days at the school. Team members apportion various assignments amongst themselves based upon experience. (i.e. one member focuses on elementary education, one on secondary, one on administration, etc.) Team members are generally administrators and/or teachers from Independent schools and one representative of the Ministry. 12, Usually, my entire time is taken up by the Ministry representative who reviews all pertinent Ministerial orders and policies to ensure they are in place at the school (such as time allotments for subject areas sraduation requirements, child abuse protocols, privacy protection policies, special education and IEPs, assessment policies, student records, school safety, criminal record reviews, certification, funding, etc.) Meanwhile the other members of the evaluation team rotate about the school spending considerable time with every teacher. The evaluation team members peruse all course overviews and IRP’s to ensure that the prescribed learning outcomes in every subject area are being addressed and assessed. Student work is analyzed, textbooks reviewed, teaching practices observed and teachers questioned to ensure they are aware of various policies, etc. 13. At the end of the second day, the EEC has compiled an accurate data base of the overall picture of the school’s performance and reviews those findings with myself and the staff at a meeting convened for that purpose. At this meeting, the EEC announces whether, in their opinion, the school is in compliance with the Independent School Act or not, and thus recommends funding to be continued or withdrawn. Various recommendations are always provided at this point which are aimed at bettering teacher and administrative potential. 14. Since the 1986 external evaluation, the BESS has been inspected 12 times by BECs authorized by the ministry of education, Of this total of 12 inspections roughly 4 of these were unannounced inspections, 15. _ BESS has just completed another evaluation which took place on October 13 and 14 of this year. With this inspection, BESS will have been evaluated and inspected by the ministry of education 13 times in less than 8 years.wis 16, BESS has never failed an inspection. In every external evaluation all recommendations have always been directed to the betterment of the school and teaching practices. Most of the suggestions have been very positive, encouraging and provided in a spirit of cooperation. Only once was there an instance where I felt that the EEC recommendations were inaccurate or unfair. In that case we filed a complaint with the OTIS who investigated and determined that we had not received a fair assessment. The Ministry sent out a follow-up team to reassess, Following the reassessment the Group 1 funding was continued. 17. Following the assessment just completed, the EEC has advised me that the Group 1 funding status for BESS will continue. 18. ‘The education of our children is paramount; and the BESS school is the centre of the ‘community. Student assessment is very stringent both for advancement to the next grade and for tudents placement in a particular grade. I assess ding to the various Prescribed Leaming Outcomes as mandated by the Ministry of Education Integrated Resource Packages (IRPs) and I also utilize the BC Performance Standards as a tool to ensuring consistency is maintained across the curriculum. Maintaining a performance and standards based assessment model ensures our students receive the same quality of education as every other student in the province and that they are assessed using the same criteria, 19. IRP’s detail the learning outcomes every student must acquire, methodologies for teaching them, assessment strategies, and resources to utilize. Teachers take the IRP’s and create a course overview which is their plan to implement these outcomes and detail what strategies they will employ. Teachers must show evidence that the prescribed learning outcomes are being addressed in every subject arca. 20. The provincial minimum is set at 850 hours of instruction per year for Grades 1-12. BESS exceeds that with 1,087 hours per year on a 4-day week. 21. Since 2003, we have graduated 49 students from BESS. Of those 29 were girls and 20 were boys. In last 4 years we have graduated from grade 12 roughly 80% of the students that entered the system in grade 9. In the last 2 years that graduation rate is roughly 95%22. Prior to 2002 BESS was only registered as a Kindergarten to grade 10 school. In 2003 BESS reintroduced grades 11 and 12. 23. Of the group of 49 graduates since 2003, 24 have gone on to post secondary education, largely focusing on education, health, business and the trades. Of those 24, 7 were boys and 17 were girls. Our students have performed well in their post secondary ventures, many being on dean’ lists in recognition of high academic achievement. The integrity of our schoo! diploma has never been questioned at any university, college or trade school. 24, Even though BESS is registered as group 3 school for Grades 11-12, its students graduate using the ministry of education’s 2004 Graduation Program and are required to fulfil the same obligations as every other graduating student in British Columbia. 25. Classes on religion at BESS are minimal: approximately 3 hours per week for secondary students and approximately 1.5 hours per week for elementary students. Religion courses centre exclusively on Bible and/or Book of Mormon at all levels. There is no instruction at BESS touching on polygamy. Polygamy is part of our way of life, inherited from our forebears and it is ‘a matter dealt with by parents and children within the sanctity of their homes and at church. 26. BESS administers all provincially mandated standardized examinations. This includes the FSA tests for Grades 4 and 7 students as well as the Provincial examinations for Grades 10- 12. BESS students write exams in Science 10, Math 10, English 10, Socials 11 and English 12 and have consistently fared better than the provincial average in most areas.SWORN BEFORE ME at the City of CRES762) | in the Province of British Columbia. this _/- ctober, 2010. MERRILL PALMER ‘A Commissioner for Taking Affidavits in the Province of British Columbia DAN M, MILLER er & Medial PRINTNAME ox 1080" 1087 Sen Ra, Creston, BC vos 1G0 (250) 428-2049