Sask. man tries to 'opt out' of fentanyl trafficking trial as 'sovereign individual'

(Rory MacLean/CTV News)

A Saskatchewan man has tried 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 was arrested on Jan. 11, 2023 following an investigation in which police seized more than a kilogram of fentanyl, a loaded, stolen, sawed off shotgun and a large sum of cash, according to a Regina Police Service news release. He was 43 years old at the time of the arrest.

MacGregor faces an indictment of five counts, including possession of fentanyl for the purpose of trafficking, possession of property obtained by crime, and several firearms charges.

In September, Justice Michael Tochor says MacGregor filed a bizarre document with the subject line “Withdrawal of Consent and Opting Out of Legal Proceedings.”

MacGregor’s filing claims he’s not “to be governed by any statutes, rules or legal processes,” and says he doesn’t “recognize the jurisdiction of any court” to exercise control over him without consent, according to a Dec. 12 written decision from Tochor.

MacGregor demanded Tochor provide “proof of a valid contract … that holds me to your jurisdiction,” and said if his demands weren’t met within 72 hours, he would “consider all actions and proceedings to be fraudulent.”

For his part, the King’s Bench judge entertained MacGregor’s submissions at face value — writing a brief analysis confirming why his court has jurisdiction in this criminal matter.

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Tochor writes that MacGregor continued to submit similar challenges and claims for compensation of $500,000 from the judge, Crown and a court clerk over the course of several months. He also alleged his rights under sections seven to 11 of the Charter had been violated.

The alleged fentanyl trafficker presented his arguments directly in 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 writes.

“I pointed out the consequences of a conviction on any of these charges could be very serious, including the imposition of a custodial sentence.”

Tochor plainly laid out the chain of legal authority in his written decision. In brief, all roads lead back to the Constitution Act of 1982.

The parliament gets its authority to enact laws in Canada from the constitution, which also confers jurisdiction to enact laws on the Government of Saskatchewan.

In turn, the court gets its jurisdiction over indictable offences from the federal Criminal Code and from the provincial King’s Bench Act, which designate the Court of King’s Bench as the “superior court of criminal jurisdiction.”

“In this case, the indictment alleges Mr. MacGregor was found and arrested within the territorial jurisdiction of Saskatchewan; and he was charged with indictable offences arising out of events which occurred in Regina,” Tochor writes.

Tochor says MacGregor was committed to stand trial on those 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.”

Speaking to MacGregor after his submissions on Dec. 10, Tochor says he also made an order that he must personally appear in court for the first day of 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.”

The trial is scheduled to begin March 31, 2025 at the Court of King’s Bench in Regina.