Wu v Canada (Attorney General), 2021 ABQB 904

Court of Queen’s Bench of Alberta Citation: Wu v Canada (Attorney General), 2021 ABQB 904 Date: 20211112 Docket: 2103 10015 Registry: Edmonton Between: Weimin Wu Applicant - and - Attorney General of Canada Respondent _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice John T. Henderson _______________________________________________________ [ 1 ] On October 14, 2021, a filing by Mr.

Wu was received by the Alberta Court of Queen’s Bench, titled: “Notice of Motion for Remedy for the Cruel and Unusual Punishment Inflicted by the Respondent with Years of Locking the Applicant in Segregation Prison Cell/Cage” [Notice]. The Notice seeks $3,300 trillion paid by the Respondent to Mr. Wu, and an order “setting aside” Mr. Wu’s second- degree murder conviction. While Mr. Wu’s Notice is sometimes difficult to understand, Mr.

Wu seems to base his Notice on five chief claims: 1. his incarceration is cruel and unusual punishment, because he is illegally imprisoned, since Canada has “... successfully deceived and defrauded and fooled the Federal Court of Canada into forever prohibiting the applicant from seeking any redress there ...”;

2. Mr. Wu “... has over 8,000 inventions a series of which are the greatest inventions ever”, including:

a) the “Ultimate Rejuvenation Process”, industrial scale production of baby blood that will be “cheap as gasoline” and replace “old blood”,

b) the “Ultimate Cyber Security Switch”, and

c) the “Segmented Telescope”, a telescope deployed in part on Earth and also on the Moon which will demonstrate the Big Bang Theory is a fraud; 3. judges involved in Mr. Wu’s earlier litigation are masterful liars, like Adolf Hitler and George W. Bush; 4. Mr. Wu was tricked into pleading guilty to murder; and 5. Mr. Wu is innocent of murder because of an “unconsciously forced” defence. [ 2 ] In light of this Court’s obligation to advance habeas corpus matters in a prioritized manner, Mr. Wu’s Notice was immediately reviewed. That review identified what appears to be potential issues with Mr.

Wu’s October 14, 2021 Notice. On that basis, the Court, in a decision reported as Wu v Canada (Attorney General) , 2021 ABQB 844 [ Wu #5 ], conducted a CPN7 document-based “show cause” process pursuant to CPN7 to evaluate whether Mr. Wu’s October 14, 2021 Notice should be struck out per Rule 3.68. [ 3 ] Mr. Wu was asked to provide an up to ten-page Written Submission that answered three questions: 1. How is the Notice not a collateral attack on Wu v Canada (Attorney General) , 2021 ABQB 749 ? 2. What is the legislative or case law authority basis for this Court to “set aside” Mr.

Wu’s conviction and sentence for second- degree murder? 3. How is Mr. Wu’s claim for $3,300 trillion not excessive and/or impossible? [ Wu #5 at para 17 .] [ 4 ] The deadline for Mr. Wu’s Written Submission has passed. Nothing has been received from Mr. Wu. I therefore conclude that Mr. Wu has not rebutted the prima facie defects identified in Wu #5 . Mr. Wu’s October 14, 2021 Application is therefore struck out as a hopeless and abusive proceeding, pursuant to CPN7 para 3(

c) and Rule 3.68. [ 5 ] Costs are typically awarded against the applicant when this Court strikes out a habeas corpus application as an abuse of the Court’s processes: Loughlin v Her Majesty the Queen , 2018 ABQB 45 . I therefore order Mr. Wu pay the Respondent $500 in costs, effective immediately. [ 6 ] The Respondent will prepare and serve the Order giving effect to this Decision. Mr. Wu’s approval of that Order is dispensed with, pursuant to Rule 9.4(2)(c). This decision and the corresponding Order may be served upon Mr. Wu by fax to the Bowden Institution. Dated at the City of Edmonton, Alberta this 12 th day of November 2021. John T. Henderson J.C.Q.B.A. Appearances: None