A police detective with the Edmonton Police Service sought a Production Order pursuant to the Criminal Code of Canada, RSC 1985, c C-46 (the “Criminal Code”). The detective was unsuccessful on three separate Applications before the same Provincial Court Judge. The Attorney General of Alberta subsequently brought an Application for certiorari and mandamus seeking to quash the Decisions of the Provincial Court Judge and to compel the issuance of a Production Order for the items sought.

A preliminary issue was whether or not the Attorney General of Alberta had standing to bring this Application. Division 2, Rule 9 of the Queen’s Bench Criminal Proceeding Rules states that the Rules under Part 60 of the Former Rules, apply to an Application for an extraordinary remedy under the Criminal Code, including applications seeking mandamus, and certiorari. Further, the Former Rules were not repealed in 2010 when the New Rules came into effect.

Rule 833 of the Former Rules provides that the Crown may apply for certiorari on an ex parte basis to quash a conviction, order, warrant or inquisition. Justice Read held that this Rule applied equally to the decision to refuse an order.

Alternatively, the Attorney General of Alberta has standing under Rule 3.17 which grants the Attorney General the right to bring an Originating Application for judicial review. Justice Read held that Rule 3.17 applied to Part 60 of the Former Rules, and therefore to the present case.

The Attorney General therefore had standing, and was granted the relief sought.