Okeke v Miller, 2024 ABCA 27

In the Court of Appeal of Alberta Citation: Okeke v Miller, 2024 ABCA 27 Date: 20240125 Docket: 2301-0239AC Registry: Calgary Between: Barnabas Chukwuemeka Okeke Appellant - and - The Honourable Justice D.K. Miller, Associate Chief Justice of the Court of King's Bench of Alberta, Chief Justice of the Court of King's Bench of Alberta, and Minister of Justice of Alberta Respondents _______________________________________________________ The Court: The Honourable Justice Dawn Pentelechuk The Honourable Justice Bernette Ho The Honourable Justice Alice Woolley _______________________________________________________ Memorandum of Judgment Appeal from the Order by

The Honourable Justice J.T.

Henderson Dated the 2nd day of October, 2023 Filed on the 2nd day of October, 2023 ( Docket: 2306-00503) _______________________________________________________ Memorandum of Judgment _______________________________________________________ The Court: [ 1 ] Barnabas Okeke appeals the order striking his statement of claim following a review under Civil Practice Note 7, Apparent Vexatious Application or Proceeding. [ 2 ] On January 17, 2024, the Court filed a letter from Mr Okeke dated January 16, 2024 requesting that the oral hearing scheduled for January 18 be held virtually because Mr Okeke had relocated and it would be unduly onerous for him to attend in-person.

Virtual hearings are conducted in extenuating circumstances. The Court declined to hear the matter through a virtual hearing, but Mr Okeke had indicated on his filed Notice of Appeal that the matter could be dealt with in writing.

As a result, Mr Okeke’s appeal was considered in writing and without oral argument in accordance with Rule 14.32(2) of the Alberta Rules of Court , Alta Reg 124/2010 . [ 3 ] On August 4, 2023, Mr Okeke filed an amended statement of claim against Justice Miller, Associate Chief Justice of the Court of King’s Bench of Alberta, Chief Justice of the Court of King’s Bench of Alberta, and the Minister of Justice of Alberta. He sought $250,000 in general, punitive, and aggravated damages.

Among other things, the claim alleged that by ordering Mr Okeke to pay $1,200 in costs in a separate action (Action No. 2306-00351), Justice Miller inflicted on Mr Okeke “damages, without limitation, in anguish and in hopelessness”. The claim also alleged that the imposition of a costs award against a self-represented litigant on a fee waiver was a miscarriage of justice. [ 4 ] After initiating a review under Civil Practice Note 7, the chambers judge concluded that Mr Okeke’s statement of claim ought to be struck.

He found the claim was frivolous, an abuse of process, a collateral attack, and was hopeless because of judicial immunity and the Proceedings Against the Crown Act , RSA 2000, c P-25 . [ 5 ] Mr Okeke appeals the order striking his statement of claim. His arguments can generally be summarized as follows: the order is unreasonable; the statement of claim is not frivolous, an abuse of process, a collateral attack or hopeless; the Proceedings Against the Crown Act does not apply; and his Charter rights have been infringed. [ 6 ] There is no merit to any of Mr Okeke’s arguments.

We are satisfied that in the circumstances of this case, it was appropriate for the process under Civil Practice Note 7 to be engaged and it was correctly followed by the chambers judge. The chambers judge’s decision to strike the claim brought against members of the judiciary and the Minister of Justice of Alberta discloses no reviewable error. [ 7 ] The appeal is dismissed. Written submissions only filed October 19, 2023 Memorandum filed at Calgary, Alberta this 25th day of January, 2024

Authorized to sign for: Pentelechuk J.A. Ho J.A. Woolley J.A. Written submissions only: Appellant, B.C. Okeke Respondent, The Honourable Justice D.K. Miller (no submissions) Respondent, Associate Chief Justice of the Court of King's Bench of Alberta (no submissions) Respondent, Chief Justice of the Court of King's Bench of Alberta (no submissions) G. Cairns (no submissions) for the Respondent (Minister of Justice of Alberta)