RP v ALBERTA (DIRECTOR OF CHILD, YOUTH, AND FAMILY ENHANCEMENT), 2018 ABQB 391
3.68: Court options to deal with significant deficiencies
The Applicant filed an Originating Application for habeas corpus, seeking to compel the release of a child to him, after the Court granted a permanent guardianship Order in 2015 granting guardianship of his child to his sister in law and her husband. The Respondent had previously sought to strike out the habeas corpus Application pursuant to Rule 3.68, and the Court directed that the Application be addressed by the Accelerated Habeas Corpus Review Procedure (the “Procedure”), a paper only “show cause” mechanism which allows for habeas corpus Applications to be considered efficiently, justly, and proportionately.
Henderson J. provided the Applicant with one month to send the Court his written reply, after which the Court would issue its final assessment. His Lordship also noted that if no response is received by the deadline, the Application would be dismissed.View CanLII Details