Court Information
Ontario Court of Justice Central West Region Brampton, Ontario
Between: Her Majesty the Queen -and- James Grant
Before: Duncan J.
Reasons for Ruling
[1] These brief reasons are provided to supplement an oral ruling I made earlier this month (attached) ordering the defendant to stand trial.
[2] The defendant came before me on March 7, 2016 charged with a single count of importing cocaine. The information revealed that on an earlier appearance he had been put to his election and had elected to be tried by a judge and jury and had requested a preliminary inquiry which had been scheduled for that day, March 7.
[3] The defendant was unrepresented. When the case was called he stood before the Court wrapped in a Canadian flag. He insisted on presenting his identification to the court which consisted of a diploma size plastic coated declaration that the pictured person was James Grant and went on declaring about his being a sovereign person and other such phrases used by Freemen on the Land and similar groups: see Meads v. Meads, 2012 ABQB 571.
[4] The defendant then began to demand that I identify myself. He was not satisfied with my telling him my name but demanded documentation. Despite numerous directions that he sit (or stand if he wanted) and that he be quiet and permit the evidence to be called, he persisted. This went on for several minutes during which time he also declared that he was the highest authority in the court and that he was dismissing the charge.
[5] It became obvious to me that the defendant's behaviour made it impossible to conduct the preliminary inquiry, and that he was not really interested in having a preliminary at all, but rather was only interested in being disruptive and obstructionist and in grandstanding for the small entourage he had brought with him.
[6] Section 536 of the Code now provides that a preliminary inquiry is not automatic on election for trial in Superior Court but rather is to be held only on request of the accused or the prosecutor. Like any request, it can be withdrawn. I was of the view that, by his behaviour negating any possibility that a preliminary could be held, the defendant was effectively withdrawing his earlier request for a preliminary. Accordingly I ordered him to stand trial: section 536(4.3) CC.
[7] The transcript of proceedings of March 7 is attached.
March 30, 2016
B. Duncan J.
Proceedings Transcript
Ontario Court of Justice
Her Majesty the Queen v. James Grant
Before the Honourable Justice B. Duncan
On March 7, 2016, at Brampton, Ontario
Appearances
- O. Melnick, Agent for the Federal Crown
- James Grant, Self-Represented
Monday, March 7, 2016
MR. MELNIK: Mr. Grant.
THE COURT: Yes.
MR. MELNIK: And we're just waiting for everyone.
THE COURT: How many witnesses do you plan to call?
MR. MELNIK: Two, Your Honour.
THE COURT: Okay.
MR. MELNIK: Secondary officer - secondary examination officer and the...
THE COURT: Okay.
MR. MELNIK: ...R.C.M.P. officer.
THE COURT: All right. Come forward Mr. Grant, please. Come and sit here.
...OTHER MATTER DISCUSSED
...MATTER RESUMED
THE COURT: Mr. Grant, come forward please. Okay, Mr. Grant we're here for your preliminary inquiry today, into a charge of importing cocaine.
JAMES GRANT: Excuse me, before we start, you make sure you have clarity as to who I am. I have identification to present before we proceed with anything.
THE COURT: Okay, well who are you? Just tell me.
JAMES GRANT: I have identification. I've told you eight times. I have official identification I would like to present to you before we proceed.
THE COURT: Okay. Just hand it to the clerk here. Thank you. Okay. All right. Well that will...
JAMES GRANT: Please take the time to...
THE COURT: We'll mark that as....
JAMES GRANT: Can you take the time to - to study it and make sure you understand who I am.
THE COURT: You are - you are James Grant. That's what it says, right? Some other - it says some other things but...
JAMES GRANT: Can you please read it so you know who I am, because I am not identified until you read my identification.
THE COURT: Okay. All right. Mr. Grant, okay.
JAMES GRANT: Do you - do you understand, for the record, my identification?
THE COURT: I understand you're James Grant. This other gobbledygook I don't have to understand. I have no interest in....
JAMES GRANT: I have no problem with you calling it gobbledygook but at this time, can you please....
THE COURT: Yeah, it's gobbledygook, this sovereign citizen crap. You know, and I'm not going to hear it. You're James Grant. You're here for your preliminary inquiry. Sit down and listen to the evidence now.
JAMES GRANT: Excuse me, please. Looking...
THE COURT: Now.
JAMES GRANT: ....for your identification...
THE COURT: Sit down.
JAMES GRANT: ...right now that gives you the authority to speak to me in this manner. I presented my identification. I would like to know who you are. Up until this point you've hid your identity from me.
THE COURT: I haven't hidden anything.
JAMES GRANT: I would like to know who I'm talking to at this moment.
THE COURT: I haven't hidden anything.
JAMES GRANT: Please bring forth your identification.
THE COURT: There's a court record. You can - you can pay for the transcript if you want. Sit down.
JAMES GRANT: I would like to have your identification in court, please.
THE COURT: We're doing your preliminary. Could you call your first witness, please, Mr. Melnik.
JAMES GRANT: This case cannot go forward...
THE COURT: Have a seat there Mr. Grant.
JAMES GRANT: ...until you present your identification.
THE COURT: Have a seat.
MR. MELNIK: The Crown calls Denis Boyer.
THE COURT: Or stand if you choose, I don't care. He's already...
JAMES GRANT: For the record...
THE COURT: He's already elect - he's already entered an elect....
JAMES GRANT: ...the Court has not presented any identification as to who I am speaking with. Now as a sovereign...
THE COURT: Okay.
JAMES GRANT: ...of my land I have the right to know who I'm dealing with.
THE COURT: Okay.
JAMES GRANT: You have not presented me any identification as to who you are or anybody in this court.
THE COURT: Okay. I'm the judge.
JAMES GRANT: Can I please have identification...
THE COURT: Would you be....
JAMES GRANT: ...as to who you...
THE COURT: Would you be quiet and maybe I....
JAMES GRANT: ...and your body is? Thank you very much.
THE COURT: Okay, if you be quiet I'll tell you. All right?
JAMES GRANT: Excuse me sir, but this is the way that you speak to a sovereign of the land.
THE COURT: Yeah. The way I speak to....
JAMES GRANT: Can I ask you why you speak to me with such disrespect...
THE COURT: The way I speak to people in my court.
JAMES GRANT: ...when you have yet to identify yourself.
THE COURT: Okay.
JAMES GRANT: And as it stands, judge, I am the highest ranking member in this court.
THE COURT: I see.
JAMES GRANT: Until you present your identification...
THE COURT: Yeah.
JAMES GRANT: ...as your authority and who you are. I suggest that you speak to me with some respect.
THE COURT: Zip it and I will give you my name.
JAMES GRANT: Thank you very much.
THE COURT: Okay? Okay. I'm a judge of the Ontario Court of Justice, last name is Duncan. All right? Now, please either sit or stand and be quiet.
JAMES GRANT: Sir, I presented my name in this court. That did not stop you from attaining me and arresting me. Can I please see your identification.
THE COURT: I'm not doing that.
JAMES GRANT: Thank you.
THE COURT: Don't be silly. Don't be silly. Now, sit down, please.
JAMES GRANT: This is a court of law. We bring facts...
THE COURT: Look at, I....
JAMES GRANT: ...and documents. That's why I'm here today. Can you please bring forth your identification.
THE COURT: I'm not doing that, my friend. Have a seat.
JAMES GRANT: Then I'm afraid that this is a case that will have to be dismissed. There is no case. Nobody has arrived, and who are these people? Can you please show me identification as to who you are?
THE COURT: We don't do that.
JAMES GRANT: Okay.
THE COURT: Okay? We don't do that.
JAMES GRANT: Okay. You don't do that.
THE COURT: I know who they are. They're....
JAMES GRANT: So, then I'm before - I'm before no one.
THE COURT: They're officer of....
JAMES GRANT: I am the judge in this court at the moment. I am the highest ranking authority. You've seen my identification. I rule this case dismissed. And nobody is here present today and nobody's identifying themself as to what government you're with and who your identity is.
THE COURT: Are you finished? We're going to have a preliminary inquiry here, whether you participate or not.
JAMES GRANT: Well, can - can I please know who's - who is proceeding with this preliminary inquiry?
THE COURT: I just told....
JAMES GRANT: Who are you?
THE COURT: I just told you.
JAMES GRANT: Who are you, sir?
THE COURT: I told you.
JAMES GRANT: Can I please see identification.
THE COURT: No, you can't. We don't do that here. Sit down, please.
JAMES GRANT: Who - who's speaking to me. You have no rank or authority at the moment in this courtroom. Can you please present your identification so we can proceed, so that all of us and this body of people right here can know who you are.
THE COURT: Everybody knows who's been listening, and you haven't been listening.
JAMES GRANT: Excuse me, sir. Dressing and sitting on the seat does not identify you, does not even give you authority.
THE COURT: Okay, please.
JAMES GRANT: Now, I don't even see a Canadian flag in this courtroom. I'm looking at a British flag. Can you please identify which government you're with, please?
THE COURT: Oh, please. Will you just sit down. Come on. Just, you know, you're trying my patience, sir.
JAMES GRANT: For the record the judge is denying my request for identification which I had the right to do, which I had the right to know who I'm dealing with me and who requires of me the stipulations that you've placed on me.
THE COURT: Mm-hmm. Okay.
JAMES GRANT: Right now you're holding me. All right, under stress and duress. You threaten me on the streets with your regime that does not identify themselves to me either. Can you please...
THE COURT: Mr. Grant....
JAMES GRANT: ...identify yourself?
THE COURT: Mr. Grant, do you want to have a preliminary inquiry or not?
JAMES GRANT: I would like to have your identity so that I could proceed...
THE COURT: Okay. Well, Mr. Melnik...
JAMES GRANT: ...with a preliminary inquiry.
THE COURT: Mr. Melnik I'm of the view that there's no right to a preliminary inquiry anymore. He has to request a preliminary inquiry. And if - if he fails to appear or if his conduct is such that he's in effect denying himself the right to a preliminary inquiry it seems to me that he gets ordered to stand trial. Do you have any comment about that?
JAMES GRANT: For the record neither the judge or this person speaking to him...
MR. MELNIK: I think I'm in agreement with Your Honour.
JAMES GRANT: ...has identified himself.
THE COURT: Sorry?
JAMES GRANT: Let that be on the record.
MR. MELNIK: I agree with Your Honour.
JAMES GRANT: That these two are dealing with my matters without even identifying themselves.
THE COURT: All right. He's ordered....
JAMES GRANT: Judge, can you please...
THE COURT: He's ordered to stand trial...
JAMES GRANT: ...identify yourself before we proceed
THE COURT: ...in the next court of competent jurisdiction.
JAMES GRANT: ...or else I will have to dismiss this case...
THE COURT: Do what you think....
JAMES GRANT: ... as a sovereign of this land.
THE COURT: Do what you think's best Mr. Grant.
JAMES GRANT: Who are you? Who are you?
THE COURT: I've told you who I am. You're ordered to stand trial....
JAMES GRANT: Can you please bring forth identification?
THE COURT: You're ordered to stand trial.
JAMES GRANT: Can I at least have my identification back as well.
THE COURT: Yeah, actually you've asked me to look at it. All right. Give that back. I don't....
JAMES GRANT: [indecipherable]
THE COURT: Thank you.
JAMES GRANT: Sir, you can see that he has been presented with my identification. It was [indecipherable].
THE COURT: Okay. Do you want us to make a copy of that? Okay. You're....
JAMES GRANT: Now, can I please have your identification as I am identified on this land. This is my land and I like to know who I'm dealing with.
THE COURT: It's not your land. This is the court.
JAMES GRANT: Well can you please bring forth your identification that gives you the authority to tell me that...
THE COURT: You're ordered....
JAMES GRANT: ...and I will have no problems proceeding.
THE COURT: What's the next - what's the next date, please?
JAMES GRANT: Can you please bring back - bring forth your documents? Excuse me, sir, this is a preliminary for the court.
THE COURT: Yes.
JAMES GRANT: Now can you please tell me who is the highest ranking authority in the courtroom right now?
THE COURT: I think that would be me.
COURT REGISTRAR: March 18 and April 8th, Your Honour.
JAMES GRANT: And who are you? Can I please see your identification?
THE COURT: I told you I'm a judge of the Ontario Court.
JAMES GRANT: Can I please see your identification?
THE COURT: Last name is Duncan.
JAMES GRANT: Word of mouth in this court has been proven not to matter.
THE COURT: Okay. You're ordered to stand...
JAMES GRANT: I'm still - can you please....
THE COURT: You're ordered to stand trial in the Superior Court, in this building March 18th, nine - it is nine o'clock?
MR. MELNIK: 9:00 a.m., Your Honour.
THE COURT: 9:00 a.m. And what courtroom? Do they have one?
MR. MELNIK: SCJ assignment court [indecipherable].
THE COURT: Okay, Supreme Court assignment court. That will be all.
JAMES GRANT: For the record I've dismissed this case.
THE COURT: Okay.
JAMES GRANT: No one has provided identification as to who they are.
THE COURT: Okay.
JAMES GRANT: I do not know who's speaking.
THE COURT: Okay. Fine.
JAMES GRANT: This person has not even identified themselves with the Canadian government, with Elizabeth, the queen, or Regina. I have no idea who you are or who's speaking, or these people taking record. For the record because you refuse...
THE COURT: Well you didn't shut up long enough to find out.
JAMES GRANT: Because you refuse to show your identification to a sovereign...
THE COURT: All right.
JAMES GRANT: ...on the land.
THE COURT: You come back.
JAMES GRANT: This case is dismissed.
THE COURT: You come back to court, okay.
JAMES GRANT: Thank you very much.
THE COURT: All right. You come back court on March 18th or there'll be a warrant out for you. Thank you very much.
MATTER ADJOURNED