LITTLEJOHN v HER MAJESTY THE QUEEN, 2020 ABQB 715
3.68: Court options to deal with significant deficiencies
Mr. Littlejohn had been incarcerated with the Drumheller Institution of Correctional Service Canada after being convicted and sentenced for arson. Mr. Littlejohn filed an Originating Application for habeas corpus, alleging that he was wrongfully convicted. Justice Jeffrey noted that, “habeas corpus is not available as a mechanism to re-open and re-evaluate a criminal conviction” and “the only remedy that may be obtained via habeas corpus is release from an illegal detention.” As such, Justice Jeffrey found that the Originating Application was a collateral attack on the criminal proceeding.
Given His Lordship’s findings on habeas corpus, Justice Jeffrey decided to initiate a Civil Practice Note No. 7 “show cause” process for determination as to whether the Court should strike the Originating Application pursuant to Rule 3.68. Justice Jeffrey ordered that the Applicant had 14 days to provide written submissions to the Court to “show cause” as to why the Apparently Vexatious Application or Proceeding should not be struck pursuant to Rule 3.68.View CanLII Details