The accused, an Indigenous land protector, pled guilty to mischief and failing to comply with an undertaking.
The central issue on sentencing was whether to grant an absolute discharge or a suspended sentence under section 730 of the Criminal Code.
Relying on expert evidence regarding Haudenosaunee legal traditions and the Two Row Wampum, the court interpreted the 'public interest' requirement in section 730 to mean the Haudenosaunee public interest.
Finding that the accused's actions as a land protector were not contrary to the Haudenosaunee public interest, the court granted an absolute discharge.
