2019 ONSC 2238
COURT FILE NO.: CR-19-035-MO
DATE: 2019 Apr 12
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
GRAND CHIEF BUFFALO EAGLE, also known as William Allan Baldwin
Applicant
– and –
HER MAJESTY THE QUEEN
Respondent
Spirit Warrior, agent for the Applicant
Daryl Clayton, Office of Military Settlements, on behalf of Clan Mother of Kinakwii
Janet O’Brien, for the Respondent
HEARD at Kingston: April 3, 2019
Tranmer, J.
decision on application for habeas corpus
[1] The Applicant Grand Chief, who was present in court, submitted through his agent that the proceedings before me were in the nature of habeas corpus.
[2] The relief he claims is:
a. An Order directing that the local provincial Crown Attorney and his superior the Director of Crown Attorneys East region meet with the Applicant to negotiate the land claim that is the broader claim being brought by the Applicant;
b. An Order that Criminal Code proceedings which have been brought against the Applicant and which are presently before the Ontario Court of Justice be stayed, and discharging the Applicant from the recognizance of bail by which he is currently bound; and
c. An order compelling the Provincial Crown to produce a copy of the warrant of arrest executed upon the Applicant and to produce disclosure in the criminal proceedings to the Applicant.
[3] This court has no jurisdiction to make the Order compelling the meeting requested by the Applicant. That request is dismissed.
[4] Ms. O’Brien, for the provincial Crown, undertook to have produced a copy of the warrant of arrest and the disclosure as required by law. I make no order in that regard.
[5] Mr. Clayton requested an order that discussions concerning the land claim that is being advanced be held in chambers. He did not elaborate on what he meant by that. In the present proceedings, I have no jurisdiction to make such order and I do not do so.
Background
[6] The Applicant is Grand Chief of the Kinakwii indigenous people. His background heritage includes Kinakwii, Metis and Algonquin.
[7] In the Criminal Code proceedings that are ongoing in the Ontario Court of Justice, Grand Chief is identified as William Allan Baldwin, 1947/08/13, residing at 508 Garden Street, Gananoque, Ontario.
[8] His representative strongly asserts that not only is it disrespectful to refer to the Applicant other than as Grand Chief, but that the Grand Chief is not bound by and does not recognize any other identifier or name.
[9] Ex. 1 before me is the Recognizance of Bail issued March 19, 2019 in respect of the Applicant by the presiding Justice of the Peace. It indicates that the charges against the Applicant includes three counts of fraud over $5000, two counts of possess or sell identification documents and fail to appear in court.
[10] The Recognizance of Bail, Ex. 1, names the accused as William Allan Baldwin. It is no deposit in the amount of $1000. The conditions include reporting to police every Tuesday, residing at 508 Garden Street, not associating or communicating with three named individuals and not possessing, procuring to be made or offered for sale documents, namely certificates of Indian status.
[11] The broader claim being asserted by the Applicant is a land claim for lands extending from Dryden, Ontario to Newfoundland and including Ottawa and Kingston.
[12] The broad argument being advanced on behalf of the Applicant is that the lands are rightfully owned by the Kinakwii and therefore, the Applicant should not be bound by and is not subject to the laws of Canada and specifically, the Criminal Code.
This Habeas Corpus Proceeding
[13] The nature of habeas corpus proceedings was discussed in Mission Institution v. Khela, 2014 SCC 24, in particular, at paragraphs 27 through and including 30. At paragraph 39, the Supreme Court identified that the relief from the identified deprivation of liberty available in a provincial Superior Court is for discharge.
[14] I have no jurisdiction or evidentiary basis put before me to order a stay of the proceedings in the Ontario Court of Justice.
[15] On the record before me, those proceedings are in accordance with the Criminal Code of Canada.
[16] Without deciding the issue, as I need not for present purposes, I accept that the Applicant being bound by the recognizance of bail, Ex. 1, is a deprivation of his liberty.
[17] Therefore, the onus falls on the Respondent to show that that deprivation of liberty is lawful.
[18] The pending land claim does not negate the jurisdiction of the Criminal Code over alleged criminal activity in Canada. At this time, the Applicant is bound by the Criminal Code of Canada.
[19] There is no submission or evidence before me that the Applicant is being dealt with in the present criminal proceedings other than in accordance with the Criminal Code of Canada. Accordingly, I am satisfied that the Respondent has met the onus upon it to prove that the deprivation of liberty complained of is lawful.
[20] For these reasons, the application for habeas corpus is dismissed.
Honourable Justice Gary W. Tranmer
Released: April 12, 2019
2019 ONSC 2238
COURT FILE NO.: CR-19-035-MO
DATE: 2019 Apr 12
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
GRAND CHIEF BUFFALO EAGLE, also known as William Allan Baldwin
Applicant
– and –
HER MAJESTY THE QUEEN
Respondent
habeas corpus dECISION
Tranmer J.
Released: April 12, 2019