Haug v. Dorchester Institution (Warden), (2016) 449 N.B.R.(2d) 366 (CA)

JudgeGreen, J.A.
CourtCourt of Appeal (New Brunswick)
Case DateOctober 24, 2014
JurisdictionNew Brunswick
Citations(2016), 449 N.B.R.(2d) 366 (CA)

Haug v. Dorchester Institution (2016), 449 N.B.R.(2d) 366 (CA);

    449 R.N.-B.(2e) 366; 1180 A.P.R. 366

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.B.R.(2d) TBEd. JN.004

Renvoi temp.: [2016] N.B.R.(2d) TBEd. JN.004

Daryle William Haug (appellant/responding party) v. Warden of Dorchester Institution (respondent/moving party)

(39-14-CA)

Indexed As: Haug v. Dorchester Institution (Warden)

Répertorié: Haug v. Dorchester Institution (Warden)

New Brunswick Court of Appeal

Green, J.A.

June 13, 2016.

Summary:

Résumé:

The Warden of Dorchester Institution sought an order that the underlying proceeding "be reclassified as a civil appeal subject to Rule 62 of the New Brunswick Rules of Court; or, in the alternative, that the Appellant, Daryle William Haug, be ordered to bear the responsibility and expense of requesting a transcript and preparing the Appeal Book in this matter".

The New Brunswick Court of Appeal, per Green, J.A., in a decision reported at (2014), 422 N.B.R.(2d) 196; 1096 A.P.R. 196, dismissed the motion. Haug sought an order: (1) compelling the Warden to provide him with a computer for use in his cell, for the purpose of preparing for the appeal underlying the motion; and (2) compelling the Warden (i.e., the Crown) to order the transcript of the Court of Queen's Bench proceeding relating to the appeal.

The New Brunswick Court of Appeal, per Green, J.A., in a decision reported at (2015), 431 N.B.R.(2d) 354; 1124 A.P.R. 354, dismissed the first motion for lack of jurisdiction, as it fell within the exclusive jurisdiction of the Federal Court. Alternatively, not dismissing the motion would circumvent one aspect of the underlying appeal before hearing the full appeal on the merits, as the appeal dealt in part with a motions judge's determination of precisely the same issue. The court declined to deal with the second motion, as this issue was being squarely addressed through a separate motion before the Court of Appeal. As previously directed by the court, the Warden had appealed the Registrar's decision following the prescribed process. He sought an order: (1) granting an extension of time to appeal from the decision of the Registrar classifying this proceeding as a criminal appeal; and (2) reclassifying this proceeding as a civil appeal.

The New Brunswick Court of Appeal, per Green, J.A., granted an extension of time and reclassified the appeal as a civil appeal.

Courts - Topic 2105

Jurisdiction - Appellate jurisdiction - Court of Appeal - Civil appeals - In 2008, the Saskatchewan Court of Appeal declared Haug to be a dangerous offender and sentenced him to an indeterminate sentence - Nothing in the record indicated that Haug sought leave to appeal this decision to the Supreme Court of Canada - Subsequently, Haug attempted to challenge his dangerous offender designation and indeterminate sentence on numerous occasions, and by various means, before various levels of court, and in various provinces - Following unsuccessful attempts in Alberta and British Columbia, Haug launched a similar effort in New Brunswick - In November 2013, he filed a Notice of Motion in the Court of Queen's Bench for habeas corpus - It was one of a constellation of 14 motions, etc. brought before the Queen's Bench - All were filed as civil matters, and all were heard as civil matters under a single Queen's Bench file number - Haug was unsuccessful on virtually all aspects of his numerous motions, except for a request to be seated at the counsel table, unshackled, during his hearing - He challenged certain aspects of the motion judge's decision, including the dismissal of his habeas corpus motion - On April 2, 2014, Haug filed his Notice of Appeal, and the Registrar classified the matter as a criminal appeal - The Warden brought a motion under s. 60(3) of the Judicature Act seeking to set aside the Registrar's decision and have the proceeding reclassified as a civil appeal - The New Brunswick Court of Appeal, per Green, J.A., granted the motion.

Habeas Corpus - Topic 3284

Practice - Appeals - Jurisdiction - [See Courts - Topic 2105 ].

Counsel:

Avocats:

No one appeared for the responding party;

W. Dean Smith and Susanna Ashley, for the moving party.

This motion was heard on October 24, 2014, by Green, J.A., of the New Brunswick Court of Appeal, who delivered the following decision on June 13, 2016, in both official languages.

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