Six Nations: Miller denied bail...again
Someone needs to send Judge Marshall back to school. He needs to be retaught the meaning of the word "jurisdiction". Six months ago he said he had jurisdiction under Canadian law over that land that belongs to another sovereigned nation. Later he said that he had jurisdiction to enforce an injunction on land that the "legal owners" were not seeking an injunction on.
Yesterday Marshall looked Stewart Myiow from the Mohawk Traditional Counsel in the eye and told him that he didn't have the jurisdiction to release Miller. Miller was in court on a mandatory 90 day bail review. As it was a bail review and Marshall is a Superior Court Judge he had the jurisdiction to release him. Marshall chose not to release him. The Judge also told Myiow, who is assisting with the case, that he could appeal the decision because a higher court might have the jurisdiction to release him. Well Marshall, being a judge you should know that if you don't have the jurisdiction to do something, an appeal court doesn't have the jurisdiction to do it on appeal. The only way for an appeal court to have the jurisdiction to do something on appeal is if the first court had the jurisdiction in the first place.
Trevor Miller told the Judge that he was not Canadian and that the court had no jurisdiction over him. He demanded that Marshall tell him why he was kept when the court had no right to do so. Marshall simply told him that he did have the jurisdiction under Canadian law.
Stewart Myiow addressed the judge and demanded Miller's release into the Mohawk Counsel's Custody. Marshall told Myiow that he respected him, was "sympathetic" to him, but that he was unable to release him. The second and third statements were definitely a lie and it is likely that the first statement was as well.
The only good thing that came out of the hearing was that when Marshall came into the courtroom only a couple journalists stood up. When Miller came in, everyone rose out of respect and stayed standing until he left the courtroom. As soon as Miller left, the bulk of the audience sat down and remained seated even when ordered to rise for Marshall. Both men received the respect they were due.
After the hearing Myiow addressed the 40 or so supporters who had attended the hearing. He said that keeping Miller in custody "only shows there is racism against the Mohawk people" and this racism is an "official policy of the Canadian government".
Yesterday Marshall looked Stewart Myiow from the Mohawk Traditional Counsel in the eye and told him that he didn't have the jurisdiction to release Miller. Miller was in court on a mandatory 90 day bail review. As it was a bail review and Marshall is a Superior Court Judge he had the jurisdiction to release him. Marshall chose not to release him. The Judge also told Myiow, who is assisting with the case, that he could appeal the decision because a higher court might have the jurisdiction to release him. Well Marshall, being a judge you should know that if you don't have the jurisdiction to do something, an appeal court doesn't have the jurisdiction to do it on appeal. The only way for an appeal court to have the jurisdiction to do something on appeal is if the first court had the jurisdiction in the first place.
Trevor Miller told the Judge that he was not Canadian and that the court had no jurisdiction over him. He demanded that Marshall tell him why he was kept when the court had no right to do so. Marshall simply told him that he did have the jurisdiction under Canadian law.
Stewart Myiow addressed the judge and demanded Miller's release into the Mohawk Counsel's Custody. Marshall told Myiow that he respected him, was "sympathetic" to him, but that he was unable to release him. The second and third statements were definitely a lie and it is likely that the first statement was as well.
The only good thing that came out of the hearing was that when Marshall came into the courtroom only a couple journalists stood up. When Miller came in, everyone rose out of respect and stayed standing until he left the courtroom. As soon as Miller left, the bulk of the audience sat down and remained seated even when ordered to rise for Marshall. Both men received the respect they were due.
After the hearing Myiow addressed the 40 or so supporters who had attended the hearing. He said that keeping Miller in custody "only shows there is racism against the Mohawk people" and this racism is an "official policy of the Canadian government".
To listen to the CKUT radio show on Trevor click here.
Please support Trevor:
Thursday, December 14th, 5pm
Show your support for Trevor outside the Hamilton detention center. For directions, check out this map.
Monday December 18th
Join family and supporters at the Attorney General's office. We will demand he release Trevor.
More details to come.
Write to Trevor at:
Trevor Miller
165 Barton street east
Hamilton, Ontario
L8L 2W6
Range 5CR
Make a donation to his legal costs. Make checks payable to
"Gertrude Miller"
P.O. Box 221
Ohsweken
N0A 1M0.
posted by DAMN 2025 at 9:57 p.m.
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