Case information
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37004
Fang Hu v. Alberta Law Enforcement Review Board, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-11-07 | Close file on Leave | |
| 2016-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-04 | Judgment on leave sent to the parties | |
| 2016-11-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0308-AC, 2016 ABCA 39, dated February 12, 2016, is dismissed with costs to the respondents Cst. D. White, Det. K. Martin, S/Sgt. D. Lakusta and S/Sgt R. Mills. Dismissed, with costs |
|
| 2016-09-29 | Correspondence received from, (Letter Form), applicant re: Address changed. | Fang Hu |
| 2016-08-08 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-06-16 | Applicant's reply to respondent's argument, (Book Form), reply to the response of the Respondant Chief of the Edmonton Police Service., Completed on: 2016-06-16 | Fang Hu |
| 2016-06-15 | Applicant's reply to respondent's argument, (Letter Form), reply to the Response of the Respondants D. White, K. Martin, D. Lakusta and R. Mills., Completed on: 2016-06-15, (Electronic version filed on 2016-06-15) | Fang Hu |
| 2016-06-13 | Applicant's reply to respondent's argument, (Letter Form), reply to the response of the Respondent Alberta Law Enforcement Review Board., Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) | Fang Hu |
| 2016-06-07 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-07) | D. White, K. Martin, D. Lakusta and R. Mills |
| 2016-06-07 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-06-07, (Electronic version filed on 2016-06-07) | D. White, K. Martin, D. Lakusta and R. Mills |
| 2016-06-07 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-07) | Chief of the Edmonton Police Service |
| 2016-06-07 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-06-07, (Electronic version filed on 2016-06-07) | Chief of the Edmonton Police Service |
| 2016-06-03 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-03) | Alberta Law Enforcement Review Board |
| 2016-06-03 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-06-03, (Electronic version filed on 2016-06-03) | Alberta Law Enforcement Review Board |
| 2016-05-13 | Certificate (on limitations to public access), (Letter Form) | Fang Hu |
| 2016-05-13 | Letter advising parties of an incomplete application for leave to appeal, file opened 2016-05-13. | |
| 2016-05-10 | Correspondence received from, (Letter Form), all counsels for the Respondents confirmed that no Order was filed at the Court of Appeal. | Alberta Law Enforcement Review Board |
| 2016-05-04 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-04-15 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-04-11 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), Justice Rothstein, Justice Cromwell and Justice Moldaver., (Electronic version filed on 2016-04-11) | Fang Hu |
| 2016-04-11 | Application for leave to appeal, (Book Form), Notice of application for leave to appeal of 15 pages and memorandum of argument of 20 pages. CA Judgment, Trial Court Order and Judgment, Form 23A and Fee missing. No Order confirmed. Form 23A received 2016-05-13. Fee received 2016-05-17., Completed on: 2016-05-17 | Fang Hu |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hu, Fang | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Law Enforcement Review Board | Respondent | Active |
| Chief of the Edmonton Police Service | Respondent | Active |
| D. White, K. Martin, D. Lakusta and R. Mills | Respondent | Active |
Counsel
Party: Hu, Fang
This party is not represented by counsel.
Party: Alberta Law Enforcement Review Board
Counsel
Trust Tower
10011 109 Street NW
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-1257
FAX: (780) 427-1230
Email: sean.mcdonough@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Chief of the Edmonton Police Service
Counsel
Legal Advisor's office
9620 - 103 A Avenue
Edmonton, Alberta
T5H 0H7
Telephone: (780) 421-2648
Email: karen.agnihotri@edmontonpolice.ca
Party: D. White, K. Martin, D. Lakusta and R. Mills
Counsel
500 - 10320 - 102th Avenue NW
Edmonton, Alberta
T5J 4A1
Telephone: (780) 412-2244
FAX: (780) 424-2323
Email: mwolowidnyk@weirbowen.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Police – Complaints of service – Whether there was a reasonable prospect of establishing the facts necessary to obtain a conviction at a disciplinary hearing – Whether Chief of Police’s decision reasonable – Whether Court of Appeal erred in denying leave to appeal – Police Act, R.S.A. 2000, c. P-17, s. 44(1).
Following his arrest in 2013, Mr. Hu, applicant, filed a conduct complaint against several police officers. Mr. Hu made several allegations, including that the police officers involved in his arrest and detention placed him in a cell that was too cold, falsely charged him because of his “minority status”, used excessive force when handcuffing him, and refused to feed him or allow him to use the washroom while he was in the holding cell. The Chief of Police dismissed the complaint on the basis that there was no reasonable prospect of establishing the facts necessary to obtain a conviction at a disciplinary hearing. Mr. Hu’s appeal to the Alberta Law Enforcement Review Board was also dismissed. The Board found that the investigation conducted following the complaint was thorough and that the Chief’s decision was reasonable. The Court of Appeal dismissed Mr. Hu’s application for permission to appeal on the basis that the application disclosed no significant question of law with a reasonable prospect of success. Indeed, the Court found that there was nothing in the Board’s decision that raised an arguable question of fairness, nor anything to suggest that it selected or applied the wrong standard of review.
Lower court rulings
Law Enforcement Review Board
2015 ABLERB 25
Appeal dismissed
Court of Appeal of Alberta (Edmonton)
1503-0308-AC, 2016 ABCA 39
Application for permission to appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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