MD v ALBERTA (MINISTER OF CHILDREN'S SERVICES), 2023 ABKB 863
3.68: Court options to deal with significant deficiencies
The Applicant filed a habeas corpus Application and a supporting Affidavit seeking an Order restoring custody of her daughter to herself. The Respondents did not request that the Court strike out the Application pursuant to Rule 3.68.
The Court noted that it could only commence a Rule 3.68 Application on its own initiative in exceptional circumstances. The Court determined that exceptional circumstances existed, specifically noting that: (1) it was at best doubtful that the Respondents would have any practical ability to bring a Rule 3.68 Application prior to the scheduled hearing date; and (2) the Applicant’s request for an Order directing that criminal charges be laid against certain persons raised immediate concerns with respect to its propriety.
The Court concluded that it was appropriate to proceed with a Court-initiated review of this proceeding in accordance with Civil Practice Note 7 and Rule 3.68.