This is the 1st affidavit of

Alina Darger in this case

and was made on March ,",,-, 2011

Form 109 (Rule 22~2 (2) and (7)) 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
CONCERNlNG THE CONSTITUTIONALITY OF S. 293 OF THE CRIMINAL
CODE OF CANADA, R.S.C. 1985, C. C-46

AFFIDAVIT

I, Alina Darger, businesswoman, of Salt Lake County, in the State of Utah, in the United States
of American, MAKE OATH AND SAY AS FOLLOWS:

1. I 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.

2. My family consists of my husband, two sister wives and 23 living children.

3. My family and I reside in a suburb of Salt Lake County, Utah.

4. I was born in Salt Lake County, Utah, and was raised in a large polygamous family in a
regular neighborhood.

5. My husband and sister wives were also born in Salt Lake County, Utah, and were also
raised in large polygamous families in regular neighborhoods.

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6. I have more than two dozen siblings and a sizable extended family.

7. I have fond memories of my childhood, and I never felt alone or unloved. In my family
there was no maltreatment or abuse of any kind. In my family my parents generally got
along and provided a good example of plural marriage.

8. Growing up, I felt I had to keep my family background a secret. I attended a public
school, where at times I had to endure slurs about my culture. I experienced fear that my
father might be taken to jailor that people at school would find out and make me feel not
accepted.

9. My siblings, and those of my sister wives, have followed individual paths in adulthood.
Some are in monogamous marriages, some in plural marriages. Some are divorced.
Some have joined different faitbs. One of my own siblings has had substance abuse
problems, while one of my sister wives' siblings is homosexual. Yet all are welcomed,
loved and accepted in my extended family. No one is ostracized because they do or do
not live in polygamy.

10. I entered plural marriage as a consenting adult at age 20. I was making a free, faith-based
choice. The second wife was 19 when she entered plural marriage. The tbird wife was
also an adult when she joined tbe family 10 years later, bring five children from a
previous plural marriage.

11. I prayed and studied scripture before deciding plural marriage was the right choice. I
knew living a polygamous lifestyle could be hard and took a lot of selflessness and
sacrifice. I believe strongly in the principle of plural marriage as an essential of my faith.

12. I have now been married for more than 20 years. My marriage has provided the support,
personal growtb and joy I hoped would come through living polygamy.

l3. I share a single home with my husband, sister wives and children. Some of our children
attend public school, while others are in private school or home school, depending on
tbeir needs.

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14. Some of our children have been physically bullied, beaten in one case and insulted and
harassed because of their culture. It is our children and their future that drives me to
speak out.

15. As a wife, I share household responsibilities and childcare with my sister wives. I am
currently working in a fanlily business with one sister wife, while the other sister wife
cares for younger children, including her newborn. It is an advantage to be able to leave
our children at home in a familiar enviromnent with a loving parent while I work.

16. I get along agreeably with my sister wives, and have a genuine love and concern for their
well-being and happiness.

17. Some of our children are in college. None have married yet.

18. I believe iliey should make their own decisions about the kind of lifestyle they want to
live in ilie future. Our children know that whatever they choose, they will be loved and
accepted.

19. I believe that if my lifestyle was decriminalized it would emerge from being
underground, which allows some abuses to be hidden.

20. Most representations of polygamous families come from those who have had a negative
experience in this lifestyle or from media focused on ilie sensational.

21. Certainly abuses occur in ilie polygamous lifestyle, but that is not the whole story.
Polygamy does not equal abuse. The problems attributed to polygamy can be found in
every segment of society, in umnarried relationships and in monogamous ones.

22. Abuses are the result of ilie human condition and not reserved for one group of people.
And when abuse occurs, iliere are laws to address it.

23. I feel that making my lifestyle and religious practice illegal puts my culture on society's
fringes. There is a great cost for speaking up, which leaves no other voice but iliat of
polygamy detractors. My family and I risk loss of jobs, contracts, housing and
reputation. The inability to be public results in a lack of protection iliat increases our
vulnerability. I know people who have had abuses committed against them that would

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qualify as hate crimes. Rather than risk being found out or prosecuted, they decided to
bear it instead ofreporting the offense.

24. Everyday, I make the choice to live this way. I am educated about my choice.
Sometimes I struggle, sometimes I triumph, but always it is worth it. What began as a
choice of religious faith has grown into a family sticking together, loving one another and
working out in real life, every day.

On the lk day of March, 2011. Alina Darger )

personally appeared before me the signer of )
the foregoing instrument, who being duly )

~ (lJM11~ IJrtl2~
sworn acknowledged to me that she executed
the same and the contents thereof are true and
correct. ) ALINA DARGER
)
)

NOTARY PUBLIC

~ MEGAN S WETTSTEIN
~.) NOTAllY PUBUC • STATE of UTAH
{;if ''''' t~' <1844 N 300 W
~
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i \;\ 11 SUITE 300
PROVO, UT 84604-_
~ COMM. EXP. 04/30/2011

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