Photo: Oliver Daily News

Alex Louie in 2013

A First Nations man who challenged the authority of the court during his trial earlier this year was thrown a lifeline in Penticton court Thursday by a judge hesitant to lock him up for the mandatory minimum.

Alex Louie was found guilty by a jury in October of nine counts for trying to smuggle a pair of handguns across the border at Osoyoos.

Throughout the trial, and again during sentencing, Louie challenged the jurisdiction of the court — citing the lack of treaty between the Crown and his people.

Facing a three-year mandatory minimum sentence, Louie was unfazed Thursday, jumping into an incoherent ramble of legal jargon when given the chance to speak.

“I have no idea what he’s talking about,” Judge Arne Silverman said after cutting Louie off.

Silverman, however, would later bring up a case from the BC Court of Appeal, which questioned the validity of mandatory minimum sentences for Aboriginal offenders.

While Louie stood on the sidelines, Silverman and federal Crown prosecutor Clarke Burnet wrangled over if the judge had the right to throw out the mandatory minimum.

Burnet successfully convinced the judge he could not go lower than the mandatory minimum unless a constitutional challenge was made, something Louie — who is without a lawyer — is not capable of.

“I’m saying you would get less than a three year sentence… but it's possible,” Silverman told Louie, urging him again to get a lawyer and make the challenge.

“I’m trying to help you, sir,” an exasperated Silverman said, when Louie fired back about the lack a treaty and authority of the court.

“I have an obligation to ensure that you are treated fairly and that you are aware of what your rights are, but you’ve gone so far out of the way to ignore all these systems,” he added.

Louie eventually conceded that although it was against his principles, he would consult with some of his “lawyer friends” about helping him making the challenge.

Silverman set the issue forward to January 19 for a telephone conference, urging Louie to have a lawyer on the phone with him by then.