Proceedings_taken in the Criminal Division of the
Provincial
Court of Alberta, Court House, Stony Plain,
Alberta
__________________________________________________________
5
13 th June, 2001
6
7
The Honourable Judge Bradley Provincial Court of Alberta
8
9
S. Richardson, Ms.
For the Court
10
(NO COUNSEL)
For the Accused
11
D. Wyton
Court Clerk
12
13
THE COURT_ Federal
crown.
14
MS. RICHARDSON:
Yes, sir, appearing on the
is
Kathryn Ibsen matter. You'll recall from last week,
16
sir, Your Honour issued a warrant when Ms. Ibsen would
17
not identify herself to this honourable court. And
18
then held the warrant to today's date, sir.
MR.
BELANGER: I appear on that matter on behalf
of Kathryn Ibsen.
I had power of attorney on that
date which I did offer to the semblance of the
court at that time.I did request that the court
indicate _
THE
COURT: If I might stop you for just
a second, sir.
MR.
BELANGER: __ to myself as a minister
performing my calling as a minister.
1
THE COURT: If I might stop you for just a
2
moment, sir. I believe for identification purposes
3
you're Robin Jay Belanger.
4
MR. BELANGER: That is not true, sir. That is a
5
legal fiction, sir.
6
THE COURT: Would you _
7
MR. BELANGER: And I have proof of my
8
identification.
9
THE COURT: Would you, again, then just put
10
your identity as you've previously have on the
11
record, sir.
12
MR. BELANGER: Yes, and I would give no permission
13
to the court or the court transcriber to capitalize
14
my name in any form, manner at all, whatsoever. My
is
name is capital 'E', small 'D', small W,small A ,
16
small 'R, small 'D'. There is a hyphen, capital J,
17
small "A', small 'Y'. There is a hyphen, capital
'R',
18
small '0, small 'B', small "I', small 'N' _
19
THE COURT CLERK: Sorry, could you just, sorry,
20
back up, can you spell that again, 'R, capital R _
MR. BELANGER: Capital 'R', small '0', small 'B',
22
small
23
THE COURT CLERK: 'B'?
24
MR. BELANGER: __ yes.
25
THE COURT CLERK: As in Bob?
26
MR. BELANGER: Yes.
27
THE COURT CLERK: Thank you.
3
MR.
BELANGER: Small '*I', small'N', full colon,
that's two dots, one above another.
THE COURT CLERK: Actually, could you just come a
little bit forward to the mike.
MR. BELANGER: I can not enter into the body
of the courtroom unless I ascertain that the court
has an oath of allegiance to Her Majesty the Queen
and is bona fide.
9
THE COURT CLERK: okay, just continue with your
10
spelling.
MR. BELANGER: Yes, full colon, that's one dot
above the other. I don't see you putting it down.
THE COURT CLERK: I have, sir.
MR. BELANGER: Okay. Thank you, space, capital
'B', small "El, small ILI. small "A', small
'N', small
'G', small 'El, small 'R' The reason my name is
spelled out in such a manner is that my Christian
appellation, that is the lawful form as common_law
observance back over a thousand years. I represent
that the legal fiction that the court has put on the
record a Belanger, Robin Jay or Robin Jay Belanger is
just that, a legal fiction. It is not me. I have no
connection with that legal fiction whatsoever. The
court is well aware of the definition of a legal
fiction and it is created by law. It is not created by
God. I am created by God.
I'm here as an officiating clergyman in defence of
4
1
a parishioner of my church. I have proof of the fact
2
that I am a minister of God and in that __ in my
3
calling as a minister of God I bring before the
4
semblance of the court judicial notice of my intent.
5
Would the court like to __ or the semblance of the
6
court like to look at my judicial notice of intent?
7
THE COURT: You've been allowed before to
8
file whatever documents you wish, sir, and you're at
9
liberty to file whatever documents you wish today,
10
sir.
11
MR. BELANGER: Y I just __ I thought I
12
would offer in good faith so the court would know my
13
intent. I will abbreviate it verbally before the
14
court my intent as I said is to come here in my
is
calling as a minister, to represent a Christian woman
16
that has come to me as her minister. And I, in my
17
duty to God, in my heart must assure that if I speak
18
for somebody before the semblance of the court that
19
1 have to assure myself that I do my duty before God
20
and I know if the court has an oath of allegiance to
21
the Queen.
22
If the court fails to answer in the English
23
dictionary disavow means fail to acknowledge. If you
24
fail to acknowledge and disavow your oath of
allegiance
25
to Her Majesty the Queen you're no longer a judge or
26
this is no longer the semblance of the court. You
27
dissolve the court. So, sir, I would respectfully
5
ask you in my function and calling as a minister of God, do you bear
an oath of allegiance to Her Majesty
the Queen?
THE
COURT: Sir, I have declined previously _
MR.
BELANGER: Yes, sir.
THE
COURT: __ on your appearance on June the
6 th
MR.
BELANGER: Yes, sir.
THE
COURT: __ to respond to your invitation
and
I, again, decline that invitation, sir.
MR.
BELANGER: Would you __ would you appear
contemptuous before Her Majesty's court in
failing to
acknowledge that you have an oath
THE
COURT: And I decline
MR.
BELANGER: __ to Her Majesty which is a
solemn oath, sir. I have a copy here
from the
Provincial Court Judge's Act which I would like to
read, sir.
THE
COURT: Please proceed.
MR.
BELANGER: It says, Every judge before taking
the offices of chief judge, duty chief judge, assistant
chief judge, judge or supernumerary judge shall take
and subscribe before the chief justice of Alberta,
chief justice of the court of Queen's Bench of Alberta,
the chief judge, deputy chief judge will assist the
chief judge of the provincial court the oath of
allegiance and the judicial oath prescribed by the
oath
of Office Act. The oath of allegiance to Her Majesty the Queen is a
truthful and solemn declaration that you will bear truthful and
faithful allegiance to Her Majesty the Queen. I would ask how the
court can bear truthful and faithful allegiance if it disavows its
oath?
THE
COURT:
Sir,
I've declined your _
MR.
BELANGER: I do not wish to _
THE
COURT: invitation.
MR.
BELANGER: put the court in an
uncomfortable position, that is not my intent.
THE
COURT: I've declined your invitation, sir.
MR.
BELANGER: Would you commit contempt of
court if you disavow, that is contempt of Her Majesty's
court, sir. You must be aware of that with your
experience.
THE
COURT: And that would be up to another
forum to determine,
sir.
MR.
BELANGER: Yes, I understand that you without
an oath of allegiance, disavowing your oath of
allegiance have put out a warrant of arrest for a
woman when I stood here with power of attorney letter
before you that I said I would present :z:
in your hand if you would indicate that
_..;e:7e
indeed a valid judge. By your disavowing your oath
I can't give you the power of attorney letter because
that would be a conspiracy to commit treason.
I
7 if
you proceed against a woman or any person in this country without an
oath of allegiance and you're acting as an officer of the court, not
only are you impersonating an officer of the court, committing fraud,
committing treason and conspiracy to commit treason but you've also
committed perjury. When you may put your hand up when you made the
oath of allegiance, sir, if you didn't know that you were swearing an
oath of allegiance to the King James Speak d 6L k Bible then that
would (INDISCERNIBLE) to the fact that it would question your
competency.
The
coronation oath of Her Majesty the Queen of 1953 where the queen is
asked if she will promise and swear to __ will you do the utmost of
your power, maintain the laws of God in the true profession of the
gospel will you to the utmost of your power maintain the United
Kingdom as the promise to (INDISCERNIBLE) established by law. Will
you maintain (INDISCERNIBLE) the (INDISCERNIBLE) the church of
England and the inviable worship, discipline and government thereof
as by law established (INDISCERNIBLE)under the bishops and clergy of
England and all the churches they are committed to their charge all
such rights and privileges as by law do or shall appertain to them or
any of them. And the Queen promised to that.
Anybody
that swears allegiance to the Queen is
1
swearing allegiance to the King James Bible and I would
2
ask the court to prove otherwise.
3
THE COURT: Sir, do you have anything else
4
you wish to say in respect to this matter?
5
MR. BELANGER: Well, sir, I have spoken to the
6
RCMP here, a Constable Inglehart this morning and I
7
indicated to him that you would __ if you would indeed
8
disavow your oath of allegiance and attempt to
9
proceed in this matter that you are guilty of treason.
10
The officer has waffled on the issue of performing
11
his duty as a sworn allegiant to the Queen. Indeed,
12
he even said he would arrest me for assault if I
13
made any gestures or comments that he considered an
14
insult or assault to the court. I've provided him
15
with information that the court is not a court unless
16
it has an oath of allegiance.
17
And this is the pure reason as a Christian
18
minister and a performing function of my calling that
19
1 have to assure that the court is allegiant. The
20
court must understand that the function of the
21
allegiance is to maintain the integrity of the court.
22
And the court must also understand that if a
23
Christian minister comes forth and says he can't
24
perform his function before a court that is non
25
allegiant that it's your duty to say, yes, it's a
26
three letter word, sir. And I would ask why you will
27
not provide that and if you will not that is contempt
as
I understand it.
THE
COURT: And the officer that you've
indicated that you made this _
4
MR. BELANGER: Mr. Irving __ is Irving _
5
UNIDENTIFIED SPEAKER: Irv.
6
MR. BELANGER: Irv Inglehart.
7
THE COURT: And what have you requested him to
8
do, sir?
9
MR. BELANGER: I requested him this morning, sir,
to arrest you if you would not provide your oath of
_1
allegiance and if you decided to proceed in this
12
matter with __ on the record that you disavow. If you
13
look into the English dictionary and I'm not trying to
14
twist words, disavow says fail to acknowledge, fail to
provide any connection with.
.6
Now, in honour of Her Majesty what reason could
_17
there be, what a reasonable man would understand why
_8
a court would fail to say yes to a Christian minister
9
asking him that question.
20
THE COURT:Is there anything else that you
wish to say, sir?
_7
MR. BELANGER:I would ask the people of this
23
court to observe a judge that is very reluctant to
:4
indicate that he has an oath of allegiance to Her
_Z
25 Majesty the Queen.I am a Christian
minister. I come
2;
here as part of my calling in defence of one of my
__
parishioners. This man is impersonating an officer of
1
the court. I have asked a member of the RCMP that has
2
an oath of allegiance to the Queen to arrest him if
3
he proceeds without his oath of allegiance because he
4
commits treason. I am sure there is some officers in
5
this court, maybe the semblance of court itself that
6
would like to arrest me here on the spot for doing my
7
job as a Christian minister. So, I challenge the
8
court today, if it has any authority, to do so. If
9
you don't well then step down and recuse yourself
10
from the case, sir.
11
THE COURT: Does that conclude your remarks,
12
sir, in respect to this matter?
13
MR. BELANGER: My remarks are in continuance to
14
defend my parishioner. I will stand for 24 hours
15
longer until I drop from exhaustion. I will defend
16
my parishioner with my life, sir. And if I have to
17
stand here all day asking you the same question that
18
is my intent as part of my calling as a minister of
19
God. If you intend to obstruct me and violate 176 of
20
the criminal code which states and I read for the
21
record, "Obstructing or violence to arrest of
22
officiating clergyman......... " __ and this is
for the
23
benefit of not only the semblance of the court but all
24
the people in this court that come to see justice
25
performed. "Everyone who by threats or force
unlawfully
26
obstructs or prevents or endeavours to obstruct or
27
prevent a clergyman or minister from celebrating
divine
service or performing any other function in connection with his
calling, or knowing that a clergyman or minister is about to perform,
or is on his way to perform or is returning from the performance of
any duties or functions mentioned in paragraph (a), assaults or
offers any violence to him, or arrests him on a civil process or
under the pretence of executing a civil process, is guilty of an
indictable offence and liable to imprisonment for a term not
exceeding two years."
Disturbing
religious worship or certain meetings, "Everyone who wilfully
disturbs or interrupts an assemblage of persons met for religious
worship or a moral, social or benevolent purpose is guilty of an
offence punishable on summary conviction. Everyone at or near a
meeting referred to in subsection (2), wilfully does anything that
disturbs the order or solemnity of the meeting is guilty of an
offence punishable on summary conviction."
And
I would add, sir, that this is corroborating when the Queen promised
that she would maintain inviolably the settlement of the church of
England and she would do the utmost of her power to maintain and
protect the laws of God in the true profession of the gospel. This is
Her Majesty's promise in the criminal code of Canada contained there
to protect the church inviolably and protect the parishioners thereof
in
1
their practice of their Christian religion and faith.
2
Sir, I would ask you again in faith and in
3
continuance do you have an oath of allegiance to Her
4
Majesty the Queen that would enable you to continue
5
with validity in this courtroom?
6
THE COURT: Sir, I'm declining your invitation
7
again.
8
MR. BELANGER: May I ask the reasons _
9
THE COURT: Would you kindly be seated.
10
MR. BELANGER: __ for your declining the
11
information, sir?
12
THE COURT: Would you kindly be seated, sir.
13
MR. BELANGER: I take no directions from a court
14
that has no allegiance. You would commit treason, sir,
15
if you make any force against me __
16
THE COURT: You may remain _
17
MR. BELANGER: you would violate 176 _
18
THE COURT: you may remain standing then,
19
sir, if
20
MR. BELANGER: I would ask this court how it __
21
how it manages to violate the law _
22
THE COURT: You may remain standing, sir, if
23
you wish. The court has allowed you an opportunity
24
to state your position _
25
MR. BELANGER: The court does not exist, sir.
26
THE COURT: __ in respect to the matters
27
before this court which concern __
13
MR.
BELANGER: There is no court here today, sir.
2
THE COURT: __ Kathryn Ibsen.
MR.
BELANGER: There is no court here today, sir,
4
you have disavowed your oath of allegiance, sir.
THE COURT: You are entitled to appear for
6
Kathryn Ibsen _
7
MR. BELANGER: You have no power here, sir,
_
8
THE COURT: as an agent _
9
MR. BELANGER: you've disavowed your oath of
10
allegiance, sir. If you were to _
11
THE COURT: __ and I understand that these
12
I
are summary proceedings,
_
13
MR. BELANGER: find me in contempt, sir, for
14
speaking in defence
15
THE COURT: Ms. Richardson?
16
MS. RICHARDSON: They are, sir.
17
THE COURT: So, Mr. _
18
MR. BELANGER: Could I ask the court if this
19
woman has an oath of allegiance?
20
THE COURT: __ Belanger is entitled to appear
as
an agent. However, there is the decision of the
22
Queen and Romanowicz, a decision reported in 138
23
Canadian Criminal Cases(3d)_
24
MR. BELANGER: I wonder if they had an oath of
allegiance?
26
THE COURT: __ page 225 a decision of the
Ontario
Court of Appeal which said that the court
1
must ascertain, firstly, whether the person appearing
2
is a lawyer. I'm satisfied, sir, on what you've
3
indicated to me that you are a man _
4
MR. BELANGER: Yes.
5
THE COURT: __ of God. That you are here _
6
MR. BELANGER: Thank you, sir.
7
THE COURT: __ as the pastor for _
8
MR. BELANGER: Minister.
9
THE COURT: __ minister for _
10
MR. BELANGER: Thank you.
11
THE COURT: __ Kathryn Ibsen. In the present
12
case a trial judge may deny audience to an agent
whose
13
participation in the proceedings would, one, damage
14
the fairness of the proceedings. Two, impair the
is
ability of the court to perform its
function. Or,
16
three, otherwise undermine the integrity of the
17
process.
18
MR. BELANGER: Sir, _
19
THE COURT: The summary of the decision is
20
set out in the present edition of Tremeear's
Criminal
21
Code and goes on to say that justification __ or
22
disqualification is justified only where
representation
23
would be inconsistent with the proper
administration
24
of justice.
25
MR. BELANGER: Such as religious discrimination.
26
THE COURT: It is not enough that the trial
27
judge believes that the defendant would be better
off
15
with other representation or that the process would operate more
smoothly and effectively if the defendant had other representation.
In
this case, sir, you appeared before the court with a person _
MR.
BELANGER: In semblance of the court for the
record.
THE
COURT: __ which you identified as
th
Kathryn Ibsen on June the 6
MR. BELANGER: I have never identified anybody,
sir, that is a _
12
THE COURT: At that point _
MR. BELANGER: __ false representation before the
14
court. I've never identified anybody.
15
THE COURT: __ at that point the court asked
Kathryn Ibsen to come forward in respect to the
matter before the court _
_8
MR. BELANGER: Which I had the power of attorney.
19
THE COURT: __ and you directed her to join you
in the aisle of the court where you are now
standing
and you, in fact, shepherded her out of the
courtroom
and you did not return on that date.
23
MR. BELANGER: As __ in commission of my calling
24
as a minister you disavowed your oath, sir. I told
you
2_1
so on the record.
26
THE COURT: This court is satisfied, sir, that
27
your conduct on that date was probably deserving
of a citation for contempt, sir, but
this _
2
MR. BELANGER: 176 of the criminal code.
3
THE COURT: __ court, this judge in particular,
4
has always exercised patience with those appearing
5
before this court because a courtroom can be a very
6
stressful and emotional place.
7
MR. BELANGER: Yes, sir.
8
THE COURT: And it is often that there will
9
be outbursts and inadvisable conduct.
10
MR. BELANGER: Yes, you have a good reputation,
11
sir.
12
THE COURT: And I have in 17 years on this
13
bench _
14
MR. BELANGER: Yes, sir.
15
THE COURT: __ never cited a person for
16
contempt to this point in time.
17
MR. BELANGER: Yes, sir.
18
THE COURT: Although I am saying that I
19
considered your conduct on June the 6 th to be
deserving
20
of a citation for contempt.
21
MR. BELANGER: Mm_hmm.
22
THE COURT: And I am asking you at this point
23
in time whether you will have Kathryn Ibsen appear
24
before the court. You've indicated that she is
25
present before the court. Kathryn Ibsen, if you are
26
present _
27
MR. BELANGER: Excuse me, sir, can I state _
17
THE COURT: in this court _
MR. BELANGER: may I speak, sir?
THE COURT: Kathryn Ibsen, if you are present
4
in this court will you come forward.
MR. BELANGER: I hate to interrupt you, sir. She is
6
trying to find __ she has tried to find a lawyer that
7
respects the
supremacy of God and has an oath of
allegiance to the Queen.
9
THE COURT: Kathryn Ibsen,
MR. BELANGER: In her religious right would you
discriminate against_her, sir, on the basis of
religious belief?
THE COURT: __ Kathryn Ibsen, if you are, in
_4
fact, present before this court, please, stand up _
15
MR. BELANGER: She can not, you have no oath of
allegiance, sir.
and come forward to the podium.
THE COURT:
MR. BELANGER: You have no __ I have power of
attorney.
I am Kathryn Ibsen. I have full power of
attorney
of the Alberta Power of Attorney Act has power
over
this court. I have transcripts from a proceeding
in
Calgary where the same situation took place, sir,
and
the judge after battling with me and the
prosecutor
for half an hour finally admitted the Power
of
Attorney Act does have power
THE
COURT: This court
MR.
BELANGER: __ and this is a valid document,
18
1
sir.
2
THE COURT: This court is satisfied on the
3
basis of the circumstances which are existing here
4
today __
5
MR. BELANGER: What circumstances, please?
6
THE COURT: __ that, in fact,
7
MR. BELANGER: What circumstances?
8
THE COURT: __ your conduct here today would
9
be deserving of a citation for contempt.
10
MR. BELANGER: I come here as a minister of God
11
as a function of my calling.
12
THE COURT: But I am in the process of
13
dealing with your capacity of appearing before this
14
court as an agent.
is
MR. BELANGER: With a power of attorney letter,
16
sir.
17
THE COURT: This court is satisfied on the
18
balance of probabilities, sir, that the defendant,
19
Kathryn Ibsen, would certainly be better off with
20
other representation. This court is _
21
MR. BELANGER: I have proof otherwise.
22
THE COURT: __ also satisfied on the balance of
23
probabilities that the process certainly would
24
operate more smoothly and effectively if Kathryn Ibsen
25
had other representation.
26
MR. BELANGER: I have power of attorney, sir.
27
THE COURT: And this court is satisfied beyond
0
19 a
reasonable doubt that representation by you in the present case would
be inconsistent with the proper administration of justice. And,
accordingly, _
MR.
BELANGER: The Power of Attorney Act of
Alberta is the administration of justice.
THE
COURT: __ sir, there is an order
of this
court disqualifying you and barring you from
acting as
an agent in respect to Kathryn Ibsen in regard
to the
matters before the court.
MR.
BELANGER: Then I would ask this court
adjourn until she can obtain such legal counsel.
THE
COURT: You are directed to leave, sir.
You are directed to leave the
courtroom.
MR.
BELANGER: Would you obstruct the admission of
my calling?
THE
COURT:
MR.
BELANGER:
THE
COURT:
before this court.
MR.
BELANGER: I have entitlement, my signature
and
witness and commissioned by a commissioner of oaths
of
power of attorney.
THE
COURT: Sir, if you do not leave the court
it is my intention to direct the crown and the
attorney general of Alberta to investigate this
matter relative to a transcript _
MR.
BELANGER: Thank you, sir.
I
have just given an order _I'm not in the court.
disentitling
you to appear
20
1
THE COURT: __ of the proceedings of June 6th
2
and _
3
MR. BELANGER: Thank you, sir. It needs _
4
THE COURT: today's date with a view _
5
MR. BELANGER: it needs investigation.
6
THE COURT: to whether contempt charges
7
should be laid against you or a charge under the
8
criminal code of failing to follow the order of the
9
court. In the present case that order is that you
10
leave the courtroom, sir, because you have been
11
disqualified and barred from acting _
12
MR. BELANGER: By an non_allegiant man.
13
THE COURT: __ and barred from acting as an
14
agent or representative of _
is
MR. BELANGER: This whole court (INDISCERNIBLE)
16
is non_allegiant, it is trying to act as an imposter.
17
THE COURT: __ Kathryn Ibsen.
18
MR. BELANGER: I'm sorry, sir, but the evidence is
19
clear on the record that you are posing as an imposter
20
of Her Majesty the Queen. You will not indicate you
21
have oath of allegiance. I came here faithfully in
22
good faith.
23
THE COURT: Sir, _
24
MR. BELANGER: I represented myself with _
25
THE COURT: are you going to leave this
26
courtroom?
27
MR. BELANGER: (INDISCERNIBLE).
I
THE COURT: Are you going to leave this
2
courtroom, sir?
3
MR. BELANGER: I will if you're telling me you're
4
ignoring the Alberta Power of Attorney Act?
5
THE COURT: Is it necessary, sir, to have a
6
police officer escort you out of the courtroom?
7
MR. BELANGER: If they wish to put themselves in
8
jeopardy of obstructing or bring violence to an
9
officiating clergyman which I am, on the record, I
10
come here in defence of my parishioner.
11
THE COURT: And you have put your position on
12
the record more than once, sir.
13
MR. BELANGER: Faithfully __ faithfully in good
14
faith, sir. And this is why I ask is if I __ I'm in
is
complete misunderstanding and amazement why you're
16
ignoring the Alberta Power of Attorney Act. I have
17
a letter of power of attorney. I am Kathryn _
18
THE COURT: Will you _
19
MR. BELANGER: __ Corolla Ibsen for all
20
intensive legal purposes.
21
THE COURT: __ will you leave the courtroom,
22
sir?
23
MR. BELANGER: If the court would indicate it
has the allegiance and power to do so, I will.
25
THE COURT: Would you leave the courtroom.
MR. BELANGER: Does anybody here believe this
man has allegiance to the Queen when he had
disavowed2
1
his allegiance?
2
THE COURT: Is there anyone
3
MR. BELANGER: I, respectfully, as a minister of
4
God _
5
THE COURT: just a second __ just a moment,
6
sir.
7
MR. BELANGER: can not understand this, sir.
8
THE COURT: Just a moment, sir.
9
MR. BELANGER: Yes.
10
THE COURT: Please be quiet for a second.
11
MR. BELANGER: I can be respectful.
12
THE COURT: Is there anyone else in this
13
courtroom who is supportive of Mr. Belanger's position
14
who would care to rise and state their position to
15
the court? Is there anyone here
16
MR. BELANGER: There is no court here without an
17
allegiance to the Queen.
18
THE COURT: __ is there anyone here the
19
court notes for the record that no one rises
20
MR. BELANGER: You are in commission of contempt,
21
sir.
22
THE COURT: __ sir, leave the building. Leave
23
the courtroom.
24
MR. BELANGER: I would __ I would like
25
Irv Inglehart to arrest you for contempt. You have
26
indicated on the record, sir, that you have no oath of
27
allegiance. You've disavowed __ you've shamed the
justice
system, sir. THE COURT: MR. BELANGER: this with my words.
Good
day, sir.
I
have __ the record will support
I
come here with my heart beating with God's love and you disavow your
oath of allegiance to the Queen.
THE
COURT: Kathryn Ibsen, if you are before
this court, please, come before
the _
MR.
BELANGER: There is no court here. There is
no semblance lawfully assembled without an oath of
allegiance.
THE
COURT:
__
court at the podium in front of
me.
MR. BELANGER: There is no oath of allegiance,
there
is no court, sir.
th
THE
COURT: Kathryn Ibsen, on June the 6
2000 __ just a moment.
MR.
BELANGER: there is no court.
THE
COURT: Just a minute __ just a minute.
On June the 6th, Kathryn Ibsen, a warrant was issued
for your arrest
MR.
BELANGER: Without an oath of allegiance it
is false on the face of the record.
THE
COURT: __ because you left the courtroom
contrary
HR.
BELANGER:
Without
an oath of allegiance,
It
is a fraud before the court.24
1
THE COURT: __ to the judge's order to come
2
forward.
3
MR. BELANGER: This is a fraud, sir. You are
4
committing fraud.
5
THE COURT: I am, again, directing you _
6
MR. BELANGER: Sir, _
7
THE COURT: __ to come forward. Execution of
8
that warrant was held at the request _
9
MR. BELANGER: __ I have power of attorney. As
10
long as I hold power of attorney, I am Kathryn, _
11
THE COURT: __ of the court. Execution of
12
that warrant was held at the request _
13
MR. BELANGER: __ if you wish to have anybody,
14
you shall speak with me.
is
THE COURT: __ of the court because I have
16
reason to believe that _
17
MR. BELANGER: I'm her minister, I have power of
18
attorney, sir. I would request that you show
19
respect
20
THE COURT: you are receiving advice from
21
Mr. Belanger
22
MR. BELANGER: in her name of the Majesty the
23
Queen and Jesus Christ, would you please submit your
24
oath of allegiance to the court record.
25
THE COURT: __ which may not be in your best
26
interests. If you do not __
27
MR. BELANGER: The best interest is in
THE
COURT: __ come forward and identify
yourself and answer to these _
3
MR. BELANGER: her religious beliefs are in her
4
best interest.
5
THE COURT: charges this court will direct
6
that there will be _
7
MR. BELANGER: He is __ you are threatening my
8
__ my parishioner, sir.
9
THE COURT: __ execution of the warrant for
10
your arrest.
11
MR. BELANGER: You are threatening her when you
12
have no oath. You are outside of your authority, sir.
13
THE COURT: Kathryn Ibsen, are you going _
14
MR. BELANGER: Respectfully, you have no authority
is
on the record.
16
THE COURT: __ to come forward?
17
MR. BELANGER: You have no authority on the record
18
without an oath of allegiance, sir.
THE
COURT: The court notes that no one comes
forward _
MR.
BELANGER: You are jeopardizing your career
and your pension.
THE
COURT: __ in respect to the warrants
which
are currently outstanding for _
MR.
BELANGER: I must stand in defence of my
parishioner, that is my duty as a minister of God.
THE
COURT: __ the arrest of Kathryn Ibsen.
26
1
MR. BELANGER: You have no power
without that
2
oath, sir. You are _
3
THE COURT: Officers of the law would you
4
kindly _
5
MR. BELANGER: you are suppose to be _
6
THE COURT: assist Mr. Belanger in leaving
7
the courtroom.
8
MR. BELANGER: Would you take the position that
9
(INDISCERNIBLE) treason, sir?
10
UNIDENTIFIED SPEAKER: (INDISCERNIBLE).
11
MR. BELANGER: All right, if you're going to
12
touch me then you will be obstructing (INDISCERNIBLE).
13
THE COURT: Please, it's not necessary to
14
lay a hand on _
15
MR. BELANGER: Do not touch me. Do not __ he
16
asked you not to lay a hand on me.
17
UNIDENTIFIED SPEAKER:
(INDISCERNIBLE).
18
THE COURT: __ it's not __ lay a hand on this
19
gentleman.
20
MR. BELANGER: Shall we go? Come with me.
21
(INDISCERNIBLE).
22
UNIDENTIFIED SPEAKER:
(INDISCERNIBLE).
23
THE COURT: If you are Kathryn Ibsen and you
24
leave this _
25
UNIDENTIFIED SPEAKER: (INDISCERNIBLE)
courtroom _
26
MR. BELANGER: She has not been identified.
27
UNIDENTIFIED SPEAKER: Now, sir,
(INDISCERNIBLE).
THE COURT: If you are Kathryn Ibsen and you
leave this courtroom without _
3
UNIDENTIFIED SPEAKER:
(INDISCERNIBLE).
4
MR. BELANGER: (INDISCERNIBLE).
THE COURT: __ responding to these charges the
6
warrants for your _
UNIDENTIFIED SPEAKER: (INDISCERNIBLE) leave the
courtroom.
9
MR. BELANGER: (INDISCERNIBLE).
'0
THE COURT: __ arrest will be executed.
11
UNIDENTIFIED SPEAKER: Leave the courtroom.
'12
MR. BELANGER: She's leaving with me.
13
UNIDENTIFIED SPEAKER: Let's go.
14
THE COURT: This court notes that Mr. Belanger
is shepherding _
That in defence of the faith I
MR.
BELANGER:
defend my parishioner.
THE
COURT: a woman I believe to be
Kathryn Ibsen
MR. BELANGER: Everybody in this courtroom has
21
seen witness of a travesty of treason, I hope
you
_Z
remember it.
THE COURT: __ out of the courtroom. As
24
stated there will be execution of the warrants
for
the arrest of Kathryn Ibsen.
26
MR. BELANGER: (INDISCERNIBLE).
27
THE COURT: I believe this matter has been
es,
sir.
1
concluded, Ms. Richardson.
2
MS. RICHARDSON: Actually, sir, if I can just put
3
one thing on the record before you move on to the
4
rest of your list. I appeared on May the 9th on this
5
matter which was a first appearance and just for the
6
record, sir, the woman that Mr. Belanger shepherded out
7
of the courtroom last week on July __ or, sorry, on
8
June the 6 th and also the woman that he shepherded out
9
of the courtroom today is the woman who on May the 9th
10
in this matter identified herself in the presence of
11
her husband came before the court and received
12
disclosure in this matter. And identified herself to
13
this honourable court on May the 9th as Kathryn
14
Corolla Ibsen.
15
THE COURT: Thank you for putting that on the
16
record. And I would like to apologize to those who
17
are assembled here, counsel and the public for the
18
inconvenience and disturbance in respect to this
19
matter. You're all here in regard to your own
20
business and I'm sorry for the delay.
21
MS. RICHARDSON: Thank you, sir.
22
THE COURT: Thank you, you're excused.
23
MS. RICHARDSON: Thank you, Your Honour.
24
(OTHER MATTERS SPOKEN TO)
25
THE COURT: Just a minute. Mr. Wishewan, _
26
MR. WISHEWAN: (INDISCERNIBLE), sir.
27
THE COURT: __ I believe I recognize you from
29
1
previous proceedings, sir.
2
MR. WISHEWAN: How are you, sir?
3
THE COURT: Good.
4
MR. WISHEWAN: We have an application for writ of
25
Until she's present.5 habeas corpus.
6
THE COURT: And who is, "'we"?
7
MR. WISHEWAN: Myself __ I just met with
8
Kathryn Ibsen. The court has it, I believe.
9
THE COURT: Just a second. Is Ms. _
10
Mrs. Ibsen in custody?
11
MR. WISHEWAN: Yes, at the RCMP. They have been
12
served with the writ. If I could pass it forward?
13
THE COURT: Thank you. I wonder if we could
14
arrange to have __ if she's in custody, if we could
is
arrange to have her present while we're talking about
16
this matter.
17
MR. DUNFIELD: Yeah, she's over at cells at the
18
detachment.
19
THE COURT: Would the officers _
20
MR. WISHEWAN: We can __ we can set this matter
21
down.
22
THE COURT: No. No. We'll just stand it down
23
until she's _
24
MR. WISHEWAN: Yes, that's what I'm saying, sir.
26
THE COURT: __ joined us. What? Mr. Wishewan,
27
are you then appearing or attempting to appear as an
THE
25
MR.
47
Thank
you, sir. Have a good day.
MR.
WISHEWAN:
(OTHER
MATTERS SPOKEN TO)
THE
COURT: And then in respect to the Ibsen
matter, before we leave that and the order that has
been made disqualifying Mr. Belanger from appearing as
an agent and also later disqualifying Mr. Wishewan
from appearing as an agent. I have ordered __ or I
have a transcript in respect to the June 6th
proceedings involving Mr. Belanger. And I have
ordered a transcript in regard to the proceedings
here today relating to Mr. Belanger. And relative to
my request that the crown consider both of those
matters in the light of contempt and an order of the
court under section 127 of the criminal code. I am
requesting madam clerk to see that copies of those
transcripts, when they become available, be passed on
to you as the senior crown for whatever action you
deem appropriate, if any.
MR.
DUNFIELD: Well, yeah, based on what I saw
today I think I'm prepared to direct the police to lay
charges. I don't know whether that's the most
appropriate course of action. I mean, what went on
here today was __ shouldn't be repeated.
COURT:
DUNFIELD:
Thank
you,
Thank
you.
sir.