A Saskatchewan man attempted to convince a King’s Bench judge of his right to opt out of legal proceedings as a “natural, freeborn, sovereign individual.”
Michael Vincent MacGregor, 44, was arrested on Jan. 11, 2023, after an investigation led police to seize over a kilogram of fentanyl, a loaded, stolen sawed-off shotgun, and a large sum of cash, according to a Regina Police Service news release.
MacGregor faces five charges, including possession of fentanyl for the purpose of trafficking, possession of property obtained by crime, and several firearms-related offences.
In September, Justice Michael Tochor noted that MacGregor filed a peculiar document titled “Withdrawal of Consent and Opting Out of Legal Proceedings.”
The document asserts that MacGregor is not “to be governed by any statutes, rules or legal processes,” and claims he does not “recognize the jurisdiction of any court” over him without consent, according to a written decision from Tochor issued Dec. 12.
MacGregor demanded that Tochor provide “proof of a valid contract … that holds me to your jurisdiction,” warning that if his demands were not met within 72 hours, he would “consider all actions and proceedings to be fraudulent.”
Despite the unusual nature of the filing, Justice Tochor considered MacGregor's submissions at face value, providing a brief analysis in his written decision to explain why his court has jurisdiction in the matter.
Tochor wrote that MacGregor continued to submit similar challenges and also claimed compensation of $500,000 from the judge, Crown, and a court clerk over the following months. MacGregor further alleged violations of his rights under sections seven to 11 of the Charter.
MacGregor presented his arguments directly at a Dec. 10 case management conference.
“During his submissions, I suggested to Mr. MacGregor that he would be well served by seeking the advice of legal counsel,” Tochor wrote. “I pointed out the consequences of a conviction on any of these charges could be very serious, including the imposition of a custodial sentence.”
In his written decision, Tochor clarified the chain of legal authority. The Constitution Act of 1982 grants the Canadian Parliament its authority to enact laws, and the government of Saskatchewan derives its jurisdiction to pass laws from the same source.
From there, the court derives its jurisdiction over indictable offences from the federal Criminal Code and the provincial King’s Bench Act, which designates the Court of King’s Bench as the “superior court of criminal jurisdiction.”
Tochor writes that in this case, the indictment alleges Mr. MacGregor was found and arrested within Saskatchewan’s territorial jurisdiction, and he was charged with offences arising from events that occurred in Regina.
Tochor explained that MacGregor was committed to stand trial on the charges by the provincial court on April 10 and ordered to appear before the presiding criminal pre-trial judge at the Court of King’s Bench.
“Therefore, the law in Canada establishes that the Court of King’s Bench for Saskatchewan has jurisdiction over Mr. MacGregor with respect to these alleged offences,” Tochor wrote.
After MacGregor’s submissions on Dec. 10, Tochor also ordered that MacGregor personally appear for the first day of his trial.
“I explained to him that if he did not appear at his trial as required, I could consider issuing a bench warrant for his arrest. In response, Mr. MacGregor suggested he may issue a bench warrant for my arrest,” Tochor wrote.
The trial is scheduled to begin on March 31, 2025, at the Court of King’s Bench in Regina.