Wu v Canada (Attorney General), 2021 ABQB 935
Opinion
Court of Queen’s Bench of Alberta Citation: Wu v Canada (Attorney General), 2021 ABQB 935 Date: 20211122 Docke t: 2103 10009 Registry: Edmonton Between: Weimin Wu Respondent - and - Attorney General of Canada Applicant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice John T. Henderson _______________________________________________________ [ 1 ] Weimin Wu [Mr.
Wu] has repeatedly and persistently filed hopeless and abusive habeas corpus applications with the Alberta Court of Queen’s Bench that have been the subject of Civil Practice Note No. 7 reviews: • Wu v Canada (Attorney General) , Docket 1903 20166 - filed October 2, 2019, stayed ( Wu v Canada (Attorney General) , 2019 ABQB 796 ), struck out as an abuse of the Court ( Wu v Canada (Attorney General) , 2019 ABQB 902 ); • Wu v Canada (Attorney General) , Docket 2103 10009 - filed August 27, 2021, stayed ( Wu v Canada (Attorney General) , 2021 ABQB 694 ), struck out as an abuse of the Court ( Wu v Canada (Attorney General) , 2021 ABQB 749 ) [ Wu #4 ]; • Wu v Canada (Attorney General) , Docket 2103 10015 - filed October 14, 2021, stayed ( Wu v Canada (Attorney General) , 2021 ABQB 844 [ Wu #5 ]), struck out as an abuse of the Court ( Wu v Canada (Attorney General) , 2021 ABQB 904 ). [ 2 ] Mr.
Wu also has an extensive record of abusive litigation in other jurisdictions, and has been made subject to “vexatious litigant” court access restriction orders in the Federal and Quebec courts: Wu #4 at para 20. [ 3 ] On September 20, 2021, in Wu #4 at para 21, this Court invited the Attorney General of Canada [Canada] to initiate a
Judicature Act , RSA 2000, c J-2 , ss 23-23.1 “vexatious litigant” process in relation to Mr. Wu. That Application was received on November 12, 2021. [ 4 ] Canada’s Application will be heard on a document-only basis. Mr. Wu and Canada have until: 1. December 17, 2021 to file and serve on all parties and my office affidavit evidence (if any) and written argument as to:
a) whether Mr. Wu should be subject to prospective court access gatekeeping, and, if so,
b) what should be the scope of those court access gatekeeping steps, and 2. January 14, 2021 to file and serve on all parties and my office written responses. The Court will then, after these deadlines, issue a written decision in response to Canada’s Application. [ 5 ] Mr. Wu is subject to interim court access restrictions until the Court issues its decision in response to Canada’s Application. The fee waiver restrictions imposed in Wu #5 at paras 20-21 will continue in effect. [ 6 ] This Court will prepare and serve the interim court access restrictions Order. 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 to Mr. Wu by fax to the Bowden Institution. Dated at the City of Edmonton, Alberta this 22 nd day of November 2021. John T. Henderson J.C.Q.B.A. Appearances: Robert Drummond Department of Justice Canada Prairie Region, Edmonton Office for the Applicant the Attorney General of Canada
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