Native woman found guilty

CORNWALL – A judge found Janet Davis guilty on four counts on Thursday, though the native woman claimed the court had no authority over her.

In the second day of a trial dealing with police obstruction charges, Davis maintained her position that her native laws superseded Canadian jurisdiction.

“She has convinced me that she doesn't want to participate in these proceedings," said Justice Bruce MacPhee, but added that he had a responsibility to make a ruling on the evidence, which was presented during the first day of the trial in November.

Davis' interactions with local law enforcement began in the fall of 2003, when she neglected to stop at the Cornwall border.

Because of her claims to be beyond Canada's justice system, she didn't show up for a couple of court dates and never hired a lawyer.

MacPhee found her guilty of both counts of failing to appear before a judge.

The other two charges of obstructing a peace officer stemmed from incidents at the border, when Davis refused to cooperate with border police trying to arrest her on outstanding warrants.

In one case, officers had to physically remove her from a car and wrestle her to the ground.

Davis ended up spending a total of 24 days in jail after a couple of arrests.

"There was no evidence to contest the position of the Crown," said MacPhee. "I'm satisfied on all four counts."

At the beginning of the trial, Davis had said that a finding of guilt in Cornwall court would be an “act of treason" against the law she lives under and that the charges were illegal.

On Thursday, she didn't talk at all about the incidents or the charges, and instead of a lawyer, a group of about 10 friends and family members supported her in court. One man did most of the talking on Davis' behalf.

Kanietakeron, who wore a traditional headdress and carried a large carved piece of wood he called a "cane of authority", explained their people are under their own laws, which were established before Canada became a nation and therefore carry more weight than the country's Constitution.

"We are forbidden to go under any other law," he said. "Creation gave us this authority, how can another come over it?"

He said he used to have a social insurance card but sent it back to the government "only after I understood who we really are."

When Davis was asked for comments on sentencing, she held the wooden staff over her head and said she submitted herself to the "clan mother."

MacPhee gave Davis a one-day suspended sentence, in addition to the 24 days in jail that she has already served, exactly what Crown lawyer Jason Pilon had requested.

MacPhee thanked Davis, her supporters and Pilon for maintaining decorum in the courtroom and respecting each other's beliefs, before adjourning the case.