A Tyendinaga man banned by a court order from living at his home on the Mohawk territory has been freed after more than a week in police custody.
But he still can't return to the territory or his home.
Charles Kloetstra, 38, of the Tyendinaga Mohawk Territory, pleaded guilty Thursday in Belleville criminal court to breaching his probation and the provincial offence of failing to stop for police.
Though Kloetstra lives on the reserve, he's under a two-year probation order, levied last summer, not to be on the territory.
He had been in custody since his March 1 arrest. Kloetstra, who is of medium height with short brown hair and goatee, entered the prisoner's box looking tired and wearing a black jacket and grey hooded sweatshirt.
Kloetstra had asked to speak to fellow protester Shawn Brant before deciding on his pleas. Kloetstra's lawyer, Rob Smart, was not present but the court heard Brant had spoken with Smart.
Justice Stephen Hunter denied Kloetstra's request to speak directly with Brant since the courthouse cells are "a secure area." Instead, duty counsel Shane Roherty relayed a message from Brant to Kloetstra.
The accused turned to face Brant, shrugging before nodding and entering his pleas.
Crown attorney Paul Layefsky told the court Kloetstra was spotted heading west on York Road on March 1 at 9:55 a.m. by a police officer. Kloetstra "slumped down" as the vehicles passed, Layefsky said, and did not stop when the officer turned to follow and activated his cruiser's emergency lights and siren.
The cruiser followed Kloetstra until he stopped his vehicle on Ridge Road, the Crown said.
"There is a long record," Layefsky told Hunter, noting Kloetstra's criminal record included a July conviction for assaulting a police officer at last June's protest on the Skyway Bridge outside Deseronto.
Layefsky asked Hunter to sentence Kloetstra to time served plus a $200 fine for the provincial offence. He did not ask for probation.
Hunter agreed, giving Kloetstra 180 days to pay the fine.
The judge told Kloetstra to be mindful of the ongoing probation order.
"That order is still in full force of effect," said Hunter.
He advised Kloetstra to have his lawyer file an official application to amend the order if he has "a legitimate issue" with its conditions.
"Until it is (amended), you're bound by it," said Hunter.
Kloetstra nodded his agreement.
Another man whose case is linked to Kloetstra's was also in the courthouse Thursday.
Mario M. Baptiste, 52, of the territory, is charged with threatening, assaulting a peace officer, possession of a weapon dangerous to public peace and "provoking a state of fear."
Tyendinaga Mohawk Police said they arrested a man March 1, 50 minutes after arresting Kloetstra.
A police press release that day said a man arrived at the reserve's police station at 10:30 that morning and spoke with an officer. During that conversation, police said, the man threatened the officer's life and "displayed a firearm" before leaving.
Acting on a police radio broadcast, Belleville and Ontario Provincial Police officers then descended on Belleville's Victoria Avenue courthouse. They arrested Baptiste there.
He was released conditionally from police custody March 2 after being banned from possessing weapons.
Baptiste reappeared in Belleville court Thursday morning. The case is to return to court March 25 to be spoken to, meaning officials will use the opportunity to touch base on the proceedings.