A fugitive wanted in Saskatchewan on marijuana production and trafficking charges is scheduled to appear in person at Yorkton Provincial Court December 22.
Luc D鈥橝badie appeared before Judge Ross Green December 10 by video from jail in Edmonton, Alberta where he is currently remanded pending payment of $7,500 bail on numerous traffic-related charges. As he did at his first Yorkton video appearance in November 13, the suspect refused to be recognized by his legal name, a tactic used by individuals who call themselves 鈥淣atural Persons,鈥� 鈥淪overeign Citizens鈥� or 鈥淟iving Souls鈥� and are loosely associated with a movement which has been dubbed Freemen on the Land or just Freemen.
D鈥橝badie鈥檚 Saskatchewan charges stem from his September 2010 arrest by the Canada Border Service Agency at the Goodlands, Manitoba border where he was trying to enter the United States with a large shipment of marijuana.
The arrest led police to a sophisticated cannabis grow-op in a heritage building known as the Windsor Block in Grenfell, Saskatchewan, which D鈥橝badie owned at the time.
Nobody is happier with D鈥橝badie鈥檚 recapture and return to face his Saskatchewan charges than people in the town of Grenfell, who are poised to lose a historical landmark.
鈥淚t鈥檚 uninhabitable now,鈥� said Debra Pinkerton, editor of the Grenfell Sun and Broadview Express newspapers. 鈥淚t just kills me.鈥�
D鈥橝badie鈥檚 case was before the provincial Court at Broadview for two years before it was adjourned to the Court of Queen鈥檚 Bench in December 2012 and the defendant disappeared.
In September 2012, the RCMP Integrated Proceeds of Crime Unit returned the Windsor Block, to the Calgary-based financial group that held D鈥橝badie鈥檚 mortgage, but it was already too late.
鈥淚t鈥檚 past the point that it can be restored,鈥� said Gary Cole, a town councillor and realtor in Grenfell.
By bylaw, the Windsor Block is a municipal heritage site.
鈥淭he heritage value of the Windsor Block lies in its significance as one of the oldest Masonic Halls in Saskatchewan,鈥� states the Town鈥檚 bylaw. 鈥淐onstructed in 1896, the property was reported to be one of the few Masonic-owned buildings in western Canada. The property symbolized the Masons鈥� confidence in the future of the town. In 1906 the Masons sold the building to businessman J.D. Cumming.
鈥淭he heritage value of the property also resides in its status as a long-standing theatre in the community. In 1912, a theatre was incorporated into the Windsor Block, and became an important venue for live performances and travelling vaudeville companies. When electricity was added to the building, motion pictures were introduced. The theatre was in operation until 1974. In the years since, the Windsor Block has hosted a variety of commercial and residential tenants.鈥�
The future of the Windsor Block is currently unclear, but Cole said it will likely be bulldozed soon.
Also unclear at this time is the status of D鈥橝badie鈥檚 case. Dwayne Stone, the former owner/publisher of the local newspapers recalled that at one point D鈥橝badie had pleaded guilty, but then attempted to have the plea expunged before disappearing.
Federal prosecutor Shane Wagner confirmed that D鈥橝badie had entered a guilty plea, but has expressed on the record a desire to expunge the plea. He may be entitled to an expungement hearing, but while a guilty plea can be withdrawn if sentencing has not been completed, Wagner said the threshold for its withdrawal is high.
鈥淎 plea in open court by an accused represented by counsel is presumptively valid,鈥� states the Criminal Code. 鈥淲here the accused is represented by counsel there is a stronger presumption of validity.
鈥淭he burden is upon the accused to establish the guilty plea as invalid.鈥�
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