The Applicant sought a writ of habeas corpus for the return of her daughter, CD, who was removed from her care by Children and Family Services in late 2020. The Applicant had not provided sworn evidence but relied on an Order from the Alliance of Indigenous Nations Tribunal, which directed the return of CD and imposed a penalty of $100 million for each year CD was separated from the Applicant. The Applicant, with the aid of Spirit Warrior, advanced pseudo-legal arguments rejecting the authority of the Court and the legitimacy of the Canadian state.

Among other things, the Court decided whether Spirit Warrior was an appropriate litigation representative under Rule 2.32. The Applicant argued that as an Indigenous person, she was entitled to an Indigenous representative, regardless of whether they are a licensed lawyer. However, the Legal Profession Act, RSA 2000, c L-8, prohibits anyone other than a licensed lawyer from acting as a barrister or solicitor, with limited exceptions. While Courts may allow laypersons to assist, their role is restricted. Rule 2.23 permits a lay representative to provide limited assistance in Court, such as offering quiet suggestions, taking notes, providing support, or addressing specific needs of a party. However, assistance is not allowed if it violates the Legal Profession Act, is disruptive, or fails to align with the Rules’ intended purpose.

Spirit Warrior, formerly known as Glenn Bogue, was a practicing lawyer until his suspension in Ontario in 2019 for delusional behavior. Since then, he has continued to make pseudo-legal arguments, often invoking Indigenous identity or tribunals, and was found guilty of illegally practicing law in Quebec in 2023. Despite citing previous instances where he acted as a representative, the Court found his conduct unsuitable and noted that the United Nations Declaration on the Rights of Indigenous People does not grant individuals the right to non-lawyer representation in civil matters under Alberta law.

Ultimately, the Court ruled that Spirit Warrior’s involvement would undermine the process, finding him an inappropriate representative for the Applicant, and dismissed the habeas corpus Application.