Here’s an interesting case concerning the criminal defense by an Aboriginal man in Manitoba charged with second degree murder and conspiracy to commit robbery. Though his argument (Canada has no jurisdiction over him because he’s aboriginal) is certainly not novel, the manner in which it is presented is actually quite bizarre. It’s worth a quick read – R. v. Campbell.
10 For certainty, I note that during various appearances Mr. Campbell provided the following materials:
• “Notice of Exclusive Jurisdiction” — a document claiming, in part, that the court has no jurisdiction over Indians, which “is an exclusive right of the tribal government and can only be dealt with at international level”.• “Territory of the Anishinabe Tribe” – a document asserting, in part, that the court does not have jurisdiction over Signatory Indians. It states:
Tribal Citizens give their allegiances only to the Law of our Territory (Clanmother) and are to be left undisturbed while fulfilling their responsibilities, as our Law takes precedence.• A document addressed to the Provincial Court of Manitoba, asserting that Canada or Manitoba “… cannot pass legislation that could or would give legal trail [sic] for a Tribal Member to become a citizen of Canada…” It sets out various reasons that I will refer to regarding another document.
• A document purporting to be a transcript or excerpt of some remarks of the “Hon. J. J. Curran, Q.C., Solicitor General For Canada” on January 12, 1897.
• A notice to the Governor General of Canada, dated June 21, 2010, asserting, among other things, that Canada “… cannot pass legislation that could or would give legal trail [sic] for a Tribal Indian ruled by American-Indian Clan Mothers (Casus Omissus) is to become a Citizen of Canada…” because:
• “It would be a violation of the Treaty stipulation that all Civilized nations are bound by since February 1491”;• “It would violate the Te Deum filed with International court of the Hague, February 18, 1493”;
• “It would violate Manifest Destiny, renewed in 1990”;
• “It would violate basic international laws”; and
• Canada must prove that “Tribal Beings” are citizens of Canada.
It continued that:
For You to continue assuming Jurisdiction over Our Tribal Citizens would be a direct violation of the commands Your office received from the Queen dated 6th April, 2004, and would constitute the Crime of High Treason, still punishable by Death, and legal arrangements are already in place to make the necessary arrests to have this Crime adjudicated upon.• Eight pages of handwritten notes explaining his argument;
• A document from the “Anishinabe-Tribal-Family”, which purports to be a form of birth certificate for Mr. Campbell (to be known as Capay-Shicoot-Mayenghan);
• A document faxed to me on June 22, 2011 by Mr. Campbell asserting to be a notice from “The Occupant of the Executor-Office for: BRADLEY-CAMPBELL, Estate”. The document states many things including, for example,:
… the standing of this Executor-Office, and that the supposed decedent of BRADLEY-CAMPBELL, Estate, is in fact alive, having survived the presumption of death, and is not lost at sea nor incompetent, and is operating in his capacity without the waiver of any rights or defences as the living-heir and the beneficiary of the Estate for the Life, duly-appointed as the occupant of this Executor-Office.It continued that: the government’s claim against Mr. Campbell is adjourned; a hearing is scheduled for June 28, 2011; that no proceedings are authorized by “… this Executor-Office and all Estate property … is directed to be immediately disbursed to the Executor-Office”; the presiding judge is a fiduciary trustee; and he is directed to “… align the trusts, dismiss all charges and release the Undersigned (Mr. Campbell) immediately…”.
Turtle Talk 