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Habeas corpus application dismissed; indigenous land claim does not negate Criminal Code jurisdiction.
The applicant, identifying as Grand Chief of the Kinakwii indigenous people, brought a habeas corpus application seeking to stay ongoing Criminal Code proceedings and discharge his bail recognizance.
He argued that due to a broader indigenous land claim, he is not subject to the laws of Canada.
The Superior Court of Justice dismissed the application, finding that the pending land claim does not negate the jurisdiction of the Criminal Code over alleged criminal activity in Canada, and the Crown met its onus to prove the deprivation of liberty was lawful.
