The Appellant was self-represented and sought to overturn the Election Commissioner’s finding that the Appellant was not a citizen of Canada but had voted in the 2019 Alberta General Election.

Justice Hopkins heard the Appeal and reserved his decision; he pass away prior to issuing the decision.

Rule 13.1 allows a judge to act in place of, or replace, another judge if:

(a) That other judge dies;

(b) That other judge ceases to be a judge; or

(c) It is inconvenient, improper, inappropriate or impossible for that other judge to act.

Based on Rule 13.1(a), Moreau CJ assumed conduct of the Appeal. The parties to the Appeal were contacted and confirmed that the matter could be fairly decided on the Certified Record of Proceedings, their written materials submitted on the Appeal and a transcript of the Appeal Hearing before Hopkins J.