The defendants, members of the Mohawk Nation of the Grand River, were charged with offences under the Highway Traffic Act.
They brought 18 pre-trial motions, primarily arguing that the Provincial Offences Court lacked jurisdiction because the alleged offences occurred on the sovereign territory of the Mohawk Nation, as granted by the Haldimand Proclamation of 1784.
The court dismissed all 18 motions, finding that it was bound by the Court of Appeal for Ontario's precedent that the Haldimand Proclamation did not grant fee simple ownership or absolute title to the Six Nations Confederacy.
The court also held that as a statutory court, it lacked the jurisdiction to grant the various prerogative writs and equitable remedies sought by the defendants, such as mandamus, injunctive relief, and declaratory relief.
