The Crown charged two members of the Men's Fire, a group within the Six Nations community, with assault for forcibly removing a lawyer from a meeting at the Haudenosaunee Development Institute offices.
The defendants claimed the defence of property under section 35 of the Criminal Code, arguing they were acting pursuant to traditional Haudenosaunee governance to remove the complainant from reserve territory.
The court found that while the defendants had a subjective belief they were acting in accordance with traditional governance, the defence of property did not apply because: (1) the defendants did not have peaceable possession of the property given the political conflict; (2) the complainant had a lawful entitlement to be present as an invitee of the HDI; and (3) the use of force was unreasonable in the circumstances, as there was no emergency, alternative remedies were available, and the action was politically motivated rather than necessary for community protection.
Both defendants were convicted of assault.
