Ontario criminal | Constitutional Law
COURTS
Judge had no jurisdiction to declare that Koran was supreme law
Application by accused CE for order that applicable law for trial should be Koran and not Criminal Code. Accused RJ and CE were charged with various terrorism-related offences. RJ retained counsel and CE was self-represented. CE refused to be represented because he would not be represented by any counsel who accepted Criminal Code and not Koran as governing law for trial. He was unable to find counsel who would agree with this position. Application dismissed. Judge had no jurisdiction to declare that Koran was supreme law for purposes of Canadian criminal trial. He was bound to uphold Constitution as supreme law of Canada and to uphold rule of law as part of that Constitution.
R. v. Jaser (Jun. 26, 2014, Ont. S.C.J., M.A. Code J., File No. CR-13-10000655-0000) 120 W.C.B. (2d) 339.
Judge had no jurisdiction to declare that Koran was supreme law
Application by accused CE for order that applicable law for trial should be Koran and not Criminal Code. Accused RJ and CE were charged with various terrorism-related offences. RJ retained counsel and CE was self-represented. CE refused to be represented because he would not be represented by any counsel who accepted Criminal Code and not Koran as governing law for trial. He was unable to find counsel who would agree with this position. Application dismissed. Judge had no jurisdiction to declare that Koran was supreme law for purposes of Canadian criminal trial. He was bound to uphold Constitution as supreme law of Canada and to uphold rule of law as part of that Constitution.
R. v. Jaser (Jun. 26, 2014, Ont. S.C.J., M.A. Code J., File No. CR-13-10000655-0000) 120 W.C.B. (2d) 339.
