One man has learned you can't just claim a court doesn't have authority over you as a defence against charges.
Earlier this month, the Court of King's Bench in Regina dismissed a jurisdictional challenge brought by Michael Vincent MacGregor, who claimed that as a sovereign citizen, he was not subject to Canadian law as he didn't consent to be governed by it. Self-represented, MacGregor filed numerous documents and submissions asserting he was not subject to any court's authority as a natural, freeborn sovereign individual. While disputing that he doesn't consent to Canadian laws, he also asserted that his rights under the Canadian Charter of Rights and Freedoms had been violated due to his arrest.
MacGregor's case is currently before the courts as he faces charges of possession of fentanyl for the purpose of trafficking, possession of a prohibited firearm, and possession of the proceeds of crime. He was arrested in January of 2023 in Regina on the charges.
MacGregor made the submissions in a case management teleconference on December 10th. Justice Tochor denied them at the time. He also prepared written reasons for his decision, which were published this past week.
In his decision, Justice Tochor meticulously outlines the legal framework that grants the Court of King's Bench jurisdiction over indictable offences committed in Saskatchewan. The decision also highlights the authority the Parliament of Canada has to enact criminal laws and the power the Saskatchewan Legislature has to establish courts.
Mr. MacGregor’s application challenging the jurisdiction of the Court of King’s Bench for Saskatchewan is therefore dismissed.
"Mr. MacGregor’s trial will proceed on the dates now scheduled," the decision read after ruling on the jurisdiction. "In the event Mr. MacGregor wishes to argue at trial that his Charter rights were breached, he must provide adequate notice to the Crown and to the Court of his intention to do so."
People who claim to be sovereign citizens often state they are not subject to Canadian laws or courts, citing misinterpretations of legal principles and conspiracy theories. These cases see judges stressing the importance of adhering to established legal procedures and rejecting attempts to circumvent the Canadian legal system.
This case aligns with other cases in Canadian courts where a sovereign citizen defence has been rejected by the courts. The most famous of these was the case of Meads vs Meads in Alberta, where Associate Chief Justice J.D. Rooke not only made a ruling, but the written decision was a scathing rebuke of the sovereign citizen movement.
Another well-known, similar movement is the supporters of the self-titled Queen of Canada Romana Didulo, who has an encampment in an old school building in Richmound, Saskatchewan.
MacGregor is now scheduled to stand trial on his charges starting on March 31st next year. When issuing a warning to MacGregor that he must appear in court or face a warrant being issued for his arrest, MacGregor countered Tochor with a threat of issuing a warrant for the judge's arrest instead.