R. v. Agecoutay (S.), (2009) 335 Sask.R. 246 (QB)

• Judge: Whitmore, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 12, 2009
• Jurisdiction: Saskatchewan
• Citations: (2009), 335 Sask.R. 246 (QB);2009 SKQB 220

R. v. Agecoutay (S.) (2009), 335 Sask.R. 246 (QB)

MLB headnote and full text

Temp. Cite: [2009] Sask.R. TBEd. JN.049

Steven Agecoutay (appellant) v. Her Majesty the Queen (respondent)

(2008 Q.B. No. 1292; 2009 SKQB 220)

Indexed As: R. v. Agecoutay (S.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Whitmore, J.

June 12, 2009.

Summary:

The accused was charged with nine counts under the Traffic Safety Act. In Traffic Safety Court, the accused challenged the court's jurisdiction to hear the charges and claimed that the provincial laws were ultra vires with respect to the accused as he was a member of the Indian Nation of Turtle Island. The Justice of the Peace dismissed the application and held that the Traffic Safety Act had jurisdiction over the matter. The matter then came before the Provincial Court where the application was dismissed by the Provincial Court judge on the basis that the matter had been heard by the Traffic Safety Court and the Provincial Court therefore had no jurisdiction to revisit the matter. The accused appealed the Provincial Court's decision. The Crown contended that as this was an appeal of an interlocutory order, the court did not have jurisdiction to hear the appeal.

The Saskatchewan Court of Queen's Bench held that the order of the Provincial Court judge did not determine the guilt or innocence of the accused and it was therefore not a final order. In addition, the court held that the accused was not exempt from obeying the laws of Saskatchewan. The appeal was therefore dismissed.

Criminal Law - Topic 7473.2

Summary conviction proceedings - Appeals - General - Appeal from interlocutory decision - The accused was charged with nine counts under the Traffic Safety Act - In Traffic Safety Court, the accused challenged the court's jurisdiction to hear the charges and claimed that the provincial laws were ultra vires with respect to the accused as he was a member of the Indian Nation of Turtle Island - The Justice of the Peace dismissed the application and held that the Traffic Safety Act had jurisdiction over the matter - The matter then came before the Provincial Court where the application was dismissed by the Provincial Court judge on the basis that the matter had been heard by the Traffic Safety Court and the Provincial Court therefore had no jurisdiction to revisit the matter - The accused appealed the Provincial Court's decision - The Crown contended that as this was an appeal of an interlocutory order, the court did not have jurisdiction to hear the appeal - The Saskatchewan Court of Queen's Bench held that the order of the Provincial Court judge did not determine the guilt or innocence of the accused and it was therefore not a final order - In addition, the court held that the accused was not exempt from obeying the laws of Saskatchewan - The appeal was therefore dismissed.

Indians, Inuit and Métis - Topic 6260

Government - What laws govern - General - [See Criminal Law - Topic 7473.2 ].

Trials - Topic 1182

Summary convictions - Appeals - When available - [See Criminal Law - Topic 7473.2 ].

Cases Noticed:

Ochapowace Indian Band v. Saskatchewan (Minister of Justice) (2007), 304 Sask.R. 228; 413 W.A.C. 228; 2007 SKCA 88, refd to. [para. 9].

R. v. Nadeau (E.) (2008), 325 Sask.R. 246; 2008 SKQB 330, refd to. [para. 12].

R. v. Sparrow, [1990] 1 S.C.R. 1075; 111 N.R. 241, refd to. [para. 13].

R. v. Chief, [1997] 4 C.N.L.R. 212 (Sask. Q.B.), agreed with [para. 14].

Counsel:

Steven Agecoutay, appearing on his own behalf;

Sonia Eggerman, for the respondent.

This appeal was heard before Whitmore, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on June 12, 2009.