CANADA (ATTORNEY GENERAL) v SMYKOT, 2021 ABQB 457

POELMAN J

1.1: What these rules do
3.15: Originating application for judicial review

Case Summary

The Court reviewed whether the Applicant’s Application in the Court of Queen’s Bench could proceed, or whether it must await the conclusion of the Provincial Court proceedings. One issue that the Court needed to resolve was whether a reference under section 74(1) of the Firearms Act, SC 1995, c 39 (“Firearms Act”) to the Provincial Court of Alberta should be characterized as a criminal or civil proceeding. The Court found that proceedings under the Firearms Act are more akin to administrative, civil proceedings than criminal proceedings. The Court went on to note that, procedurally, all certiorari Applications are governed by the Rules, because the Rules govern all civil Actions pursuant to Rule 1.1(2). The Court also noted that the Rules govern certiorari Applications in criminal cases pursuant to Rule 3.15. 

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