HEISER v CANADA (ATTORNEY GENERAL), 2020 ABQB 456

HO J

3.68: Court options to deal with significant deficiencies

Case Summary

The Applicant, detained upon revocation of his parole and awaiting review of that detention by the Parole Board of Canada, had commenced proceedings in pursuit of habeas corpus. The Attorney General of Canada and Bowden Institution, as Respondents, then brought an interim Application seeking dismissal of the Originating Application pursuant to Rule 3.68 citing case authority settling Alberta’s parole review procedure as exempt from the scope of habeas corpus. Justice Ho affirmed the case authority and struck the Originating Application, reasoning that “the Court has no jurisdiction to hear [the] application (Rule 3.68(2)(a)), [the] Originating Application discloses no reasonable claim (Rule 3.68(2)(b)), and [the] proceeding is a futile application and an abuse of court processes (Rule 3.68(2)(d)).”

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