As a British Columbia judge considers whether polygamy is guaranteed in the Charter of Rights and Freedoms, former members of polygamous communities say women suffer in households with multiple mothers.
Chief Justice Robert Bauman is hearing from experts, as well as video testimony from former residents of Bountiful, B.C., and other polygamous communities, as he considers Canada's current ban on multiple marriages.
While current residents of Bountiful say they live happy lives, some past residents are calling it a cult and allege that abuse was rampant.
Brenda Jenson, whose father helped found Bountiful, is one of more than a dozen former residents who are speaking out against the community in videotaped testimony.
"There was a lot of abuse sexually, there was a lot of abuse physically," Jenson said.
Jenson also told of regular beatings.
Bauman was tasked with overseeing the case after prosecutors in the province dropped polygamy charges against Winston Blackmore and James Oler, leaders of rival sects of the Fundamentalist Church of Jesus Christ of Latter Day Saints, itself a breakaway from the Mormon church, which renounced polygamy more than 100 years ago.
Police have investigated allegations of polygamy in Bountiful for years, but prosecutors have declined to lay charges over fears they wouldn't survive a Charter challenge.
Ruth Lane, who was once married to Blackmore, who is believed to have between 19 and 24 wives, including her sister, alleged that some of the girls married to the leaders were mere teenagers.
"He married a couple of 15-year-olds," Lane testified. "They can stretch it however they want. They were 15."
Kathleen Mackert testified that she was a victim of sexual abuse growing up in a similar community in the United States. Her brother, Howard, said women are treated as baby factories.
"One of my youngest sisters had 20 children and I'm not sure she's done yet," he said. "They just keep going until they can't anymore."
When the charges against Blackmore and Oler, who is alleged to have three wives, were dropped over how the province chose its prosecutors, B.C. referred the issue to the court.
Lawyers representing both the province and the federal government are arguing that the current law be upheld to protect the rights of women and children. A court-appointed lawyer is arguing the law violates Charter rights and should therefore be struck down.
Bauman must decide whether the polygamy law in Section 293 of the Criminal Code is consistent with the Charter, and whether polygamous relationships must involve a minor, or some form of abuse, before charges can be laid.
The hearings are expected to continue into January.
With a report from CTV's Rob Brown
