A local hip hop artist has struck a major legal victory by getting a Montreal judge to rule that a mandatory minimum for his gun possession conviction violates his rights under the Canadian Charter of Human Rights.
Leland Kaluza's rights were trampled by a forced minimum sentence of three-years for being caught with a loaded pistol in 2007, according to a verdict handed down November 20 by Superior Court Justice Robert Marchi.
Leland had been stopped on the street and searched after being seen walking around with a pole.
Police discovered the loaded gun wrapped in a bandanna in a side pocket of his knapsack and Leland explained that he only had it because he confiscated it from a friend and was wasn't sure how to get rid of it.
Leland is gainfully employed, in a steady relationship with his pregnant girlfriend Alessia Williams and has no criminal record.
His fingerprints or DNA were not found anywhere on the weapon and the judge believed his explanation made in court on May 16.
Marchi said that slapping Kaluza with a three year minimum, after he already served 70 days in prison would be cruel and unusual punishment, so he suspended the sentence and ordered Kaluza freed.
There is, however, more.
Kaluza is also a part-time hip hop rapper and marijuana advocate who performs under the name Urbn Logix.
After being caught with the gun, Kaluza was sent for psychological evaluation after telling a judge that his name is Yoseph Yisrael and that Kaluza is an artificial name generated by the government and that he could not be present because he has no body.
If that sounds familiar, it's because another local notable used the same phrasing in court two years earlier.
Physician-turned rebel Ghislaine Lanctot told a judge in 2007 that her name is an artificial creation and that she is a natural and sovereign being.
Lanctot was known for causing a stir with her book The Medical Mafia and for opposing vaccination. She was tried for failure to file tax returns.
The psychiatrist issued a report that said that Kaluz is ppsychotic and suffering from religious delirium.
Kaluza, who is said by one interview to speak normally, denied vigorously that he had any psychological issues but chose the new name due to his spiritual quest.
Others who share his vision, including Mon-k.e a(who called himself David Yisreal) and Daniel Topey, helped him launch the O Ciel Embassy on St. James near the Angrignon metro in 2009.
Topey is an NDG rapper who was accused of attempted murder on a police officer. Topey was shot in the neck in a police foot pursuit in April 2007. Police said Topey shot first.
The Eyes Wide Open Group, as they called themselves, claimed that the O Ciel Embassy was sovereign territory.
The O Ciel Embassy at 3255 St. James W. did not last long and another business now inhabits the premises.
Here is a description from their literature penned in 2009.
Leland Kaluza's rights were trampled by a forced minimum sentence of three-years for being caught with a loaded pistol in 2007, according to a verdict handed down November 20 by Superior Court Justice Robert Marchi.
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| Leland Kaluza |
Police discovered the loaded gun wrapped in a bandanna in a side pocket of his knapsack and Leland explained that he only had it because he confiscated it from a friend and was wasn't sure how to get rid of it.
Leland is gainfully employed, in a steady relationship with his pregnant girlfriend Alessia Williams and has no criminal record.
His fingerprints or DNA were not found anywhere on the weapon and the judge believed his explanation made in court on May 16.
Marchi said that slapping Kaluza with a three year minimum, after he already served 70 days in prison would be cruel and unusual punishment, so he suspended the sentence and ordered Kaluza freed.
There is, however, more.
Kaluza is also a part-time hip hop rapper and marijuana advocate who performs under the name Urbn Logix.
After being caught with the gun, Kaluza was sent for psychological evaluation after telling a judge that his name is Yoseph Yisrael and that Kaluza is an artificial name generated by the government and that he could not be present because he has no body.
If that sounds familiar, it's because another local notable used the same phrasing in court two years earlier.
Physician-turned rebel Ghislaine Lanctot told a judge in 2007 that her name is an artificial creation and that she is a natural and sovereign being.
Lanctot was known for causing a stir with her book The Medical Mafia and for opposing vaccination. She was tried for failure to file tax returns.
The psychiatrist issued a report that said that Kaluz is ppsychotic and suffering from religious delirium.
Kaluza, who is said by one interview to speak normally, denied vigorously that he had any psychological issues but chose the new name due to his spiritual quest.
Others who share his vision, including Mon-k.e a(who called himself David Yisreal) and Daniel Topey, helped him launch the O Ciel Embassy on St. James near the Angrignon metro in 2009.
Topey is an NDG rapper who was accused of attempted murder on a police officer. Topey was shot in the neck in a police foot pursuit in April 2007. Police said Topey shot first.
The Eyes Wide Open Group, as they called themselves, claimed that the O Ciel Embassy was sovereign territory.
The O Ciel Embassy at 3255 St. James W. did not last long and another business now inhabits the premises.
Here is a description from their literature penned in 2009.
O CIEL
O Ciel is an autonomous artistic embassy whose territory consists of a walled enclave within the city of Montreal. It is the smallest free country in the world by both area and population.
O Ciel is a city-state that was reestablished in A.D. 2009 (S.T.Y. 6012) and is thus clearly distinct from the central authority of the E.W.O.A.P.M. known as the Artistic See.