GETSCHEL v CANADA (ATTORNEY GENERAL), 2018 ABQB 632
2.22: Self-represented litigants
2.23: Assistance before the Court
9.4: Signing judgments and orders
14.5: Appeals only with permission
The Respondent, Getschel, was a prison inmate who had previously made a Habeas Corpus Application before Gill J. that His Lordship determined was meritless and an abuse of Court process. As a result, Gill J. invited submissions regarding whether Court access restrictions should be imposed on Getschel.
Gill J. considered the common law authorities and declared Getschel a vexatious litigant. Gill J. then imposed Court access restrictions including a requirement that Getschel apply for Leave to commence or continue an Appeal. The Court clarified further that even if leave is granted Getschel may still be required to apply for permission to appeal in accordance with Rule 14.5. The Court also ruled that Getschel may not act as a representative of any kind before the Court including such representation as contemplated by Rules 2.22 and 2.23.
Gill J. then ruled that the Court would prepare the Order reflecting its ruling and dispensed with the requirement to seek Getschel’s approval of the Order pursuant to Rule 9.4(2)(c).View CanLII Details