Janet O'Brien

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.

The appellant appealed his summary convictions for dangerous driving and flight from police, arguing the trial judge erred in dismissing his s. 11(b) Charter application for unreasonable delay and failed to provide adequate reasons.

The Superior Court of Justice dismissed the appeal, finding the trial judge's oral reasons were sufficient when read with the record.

Applying the Jordan framework, the court calculated the net delay at 16.2 months, below the 18-month presumptive ceiling, after deducting significant defence-caused delay and exceptional circumstances arising from the appellant's conduct at trial.