Henderson J

3.68: Court options to deal with significant deficiencies

Case Summary

The Court received a document titled “Originating Application” (the “Application”) and an Affidavit from Ricky Leslie (“Mr. Leslie”). Mr. Leslie was an inmate at the Stony Mountain Institution, operated by Correctional Service Canada, and located near Winnipeg, Manitoba. In the Application, Mr. Leslie sought to be placed in a facility in Edmonton to be closer to family and community. Mr. Leslie cited the Canada Charter of Rights and Freedoms, sections 10(c) and 24(1) in the Application and the Court therefore evaluated the Application as an Application for relief via habeas corpus.

Justice Henderson’s review of the Application identified what appeared to be a potential issue in accordance with Civil Practice Note No. 7 (“CPN7”), the document-based “show cause” process to evaluate whether the Application should be struck out per Rule 3.68.

Henderson J. noted that it is trite law that the jurisdiction of the Alberta Court of Queen’s Bench is limited to the province of Alberta and that habeas corpus is only a remedy for the here and now. Accordingly, given that Mr. Leslie no longer had any connection to Alberta and its Courts, Justice Henderson found that it was unclear as to what basis an Alberta Court had to conduct a habeas corpus review.

Justice Henderson concluded by finding that the Application warranted review per CPN7 that the Application was to be stayed until further notice, and that after receipt of Mr. Leslie’s written submission and the Respondents’ written reply, if any, the Court would render its final decision on whether the Application should be struck out in whole or in part, per Rule 3.68 (CPN7, para 3(e)).

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