Scheuchner v Neufeld, 2021 ABQB 358

Court of Queen’s Bench of Alberta Citation: Scheuchner v Neufeld, 2021 ABQB 358 Date: 20210506 Docket: 2101 03302 Registry: Calgary Between: Todd Scheuchner Applicant - and - Mark Neufeld (Calgary Police Chief), Brenda Lucki (Royal Canadian Mounted Police Commissioner), and Kaycee Madu (Minister of Justice) Respondents _______________________________________________________ Memorandum of Decision of the Associate Chief Justice J.D. Rooke _______________________________________________________ [ 1 ] On March 10, 2021, Todd Scheuchner [Mr.

Scheuchner] filed a 54-page “Originating Application”, along with a 220-page Affidavit of Mr. Scheuchner, that named the three Respondents as reproduced in the style of cause, above. [ 2 ] On April 13, 2021, Counsel for the Hon. Kaycee Madu, Minister of Justice and Solicitor-General [the Minister], by letter, referred Mr. Scheuchner’s Application to the Court as a candidate Apparently Vexatious Application or Proceeding [AVAP] pursuant to

Civil Practice Note No. 7 [CPN7] paragraph 6. Subsequently, on April 15, 2021, Counsel for Chief Neufeld wrote a letter to the Court in support of the Minister’s CNP7 referral. I am designated to receive and review potential CPN7 processes in Southern Alberta. [ 3 ] The Application is a lengthy document. Some parts are handwritten, other parts are typed. Certain Application pages appear to be print-outs of websites, newspaper stories, or are complete or incomplete photocopied documents. There are several photographs, apparently of Mr. Scheuchner and his child.

As I observed in a decision reported as Scheuchner v Neufeld , 2021 ABQB 296 [ Scheuchner #1 ], Mr. Scheuchner’s central complaint is that he claims he is the target of unconventional energy devices operated by law enforcement actors who intend to cause Mr. Scheuchner harm. These energy-based attacks allegedly led to cancer and other physical abnormalities, such as hollow facial bones. Mr. Scheuchner in his Application says this “torture” will continue until he is murdered, which he calls “murder by torture”. [ 4 ] The Application “Remedy”

section reads: Police to stop, halt, desist, cease, discontinue, end, quit what there are enacting Torture! That has effected not just the mind And Body, that includes the spirit. It is the courts Responsibility, this started on Crown Attorney Land, I ASK the court to have the Justice ministers office, the chief of the Calgary Police Mark Neufeld And the RCMP Commissioner Brenda Lucki to have it (torture) that treatment stopped. Major Crimes Calgary And Edmonton Police, K-Division RCMP Calgary And Edmonton. [Sic.] [ 5 ] My conclusion in Scheuchner #1 was that Mr.

Scheuchner had applied to the Court for an order that the named Respondents compel police agencies to cease attacking and torturing Mr. Scheuchner via energy weapons. After review of the Application and Affidavit, I concluded that the Application is an AVAP that should be subject to a CPN7 “show cause” document-based review. [ 6 ] Ms.

Scheuchner was asked to provide an up to ten-page Written Submission that responded to two questions, how his Application: 1. does not make extraordinary claims that are not so highly implausible, or extraordinary, that these alleged facts ought not to be accepted, and 2. provides a basis for the Court and Respondents to make a meaningful response. [ Scheuchner #1 at para 20 .] [ 7 ] The deadline for Mr. Scheuchner’s Written Submission has passed. Nothing has been received. I, therefore, conclude that Mr.

Scheuchner has not rebutted the Scheuchner #1 prima facie conclusion that the Docket 2101 03302 Statement of Claim is a hopeless and abusive proceeding. Accordingly, I order the Docket 2101 03302 Statement of Claim struck out pursuant to CPN7 para 3(

c) and Alberta Rules of Court , Alta Reg 124/2010 Rule 3.68. [ 8 ] When an action is terminated via the CPN7 process, the usual practice of this Court is to award costs in favour of the litigant who referred the matter to the Court: e.g. Ahad v Calgary Housing Company , 2020 ABQB 450 at para 9 ; Phillips v Kenney , 2020 ABQB 452 at para 9 ; Skrypichayko v Law Society of Alberta , 2020 ABQB 604 at para 43 ; Feeney v Alberta , 2020 ABQB 633 at para 6 . I see no reason to depart from that approach in this instance. I order Mr.

Scheuchner pay the Minister and Chief Neufeld $500 in costs, each, forthwith. [ 9 ] Counsel for the Minister shall prepare and serve the court Order giving effect to this decision. Mr. Scheuchner’s approval of that Order is not required, pursuant to Rule 9.4(2)(c). Dated at the City of Calgary, Alberta this 6 th day of May, 2021. J.D. Rooke A.C.J.C.Q.B.A. Appearances: Kate Bridgett Director, Civil Litigation Team Alberta Justice and Solicitor General, Legal Services

for the Respondent, the Hon. Kaycee Madu Molly Naber-Sykes QC Legal Counsel Calgary Police Service for the Respondent, Chief Neufeld