The litigant relied on a fabricated order from the Alliance of Indigenous Nations
The Court of King’s Bench of Alberta has dismissed an application for habeas corpus seeking the return of a child removed from a parent’s care by Children and Family Services (CFS) in 2020.
The applicant based the claim on an order from the Alliance of Indigenous Nations (AIN), which purported to direct the child's return and imposed a significant financial penalty for the separation. The court found the application meritless, characterizing it as a collateral attack on a previous trial ruling and rejected the validity of the AIN order.
In 2023, the Alberta Court of Justice ruled that the child should not be returned to the parent due to concerns about the parent’s actions, including subjecting the child to unnecessary medical procedures. That decision, which determined the child’s safety and well-being were at risk, remains in place pending appeal.
The Court of King’s Bench determined that the AIN order relied on by the applicant was fabricated and held no legal authority. The court described AIN as an unrecognized body and suggested the order may have been submitted to mislead or defraud. The court directed the Attorney General to review the case to determine whether further legal action should be taken in response to the fabricated document.
The individual representing the applicant in court was barred from continuing in the case. The court described him as a pseudo-legal figure known for advancing unfounded legal arguments in Canadian courts. His involvement was found to waste public resources and undermine the judicial process.
The court also raised concerns about the applicant’s behaviour, including repeated unsupported accusations of corruption and conspiracies against the judicial system. Due to the nature of the application and the individual’s history of frivolous legal claims, the court indicated it would review whether restrictions should be placed on future legal filings.
Ultimately, the court concluded that the habeas corpus application was without merit. It reaffirmed that the appropriate legal route for challenging the earlier child custody decision would be through the ongoing appeal process.
