TURMEL: Court denies Crown request for appeal management

JCT: On February 6, 2023, the Crown asked to have my appeal
treated as a specially managed appeal:

Department of Justice
Ontario Regional Office
National Litigation Sector
120 Adelaide Street West Suite #400
Toronto, ON M5H 1T1
Telephone/Tiliphone: 647-256-7473
Fax/Tilicopieur: 416-973-0809
Email/Courriel: [email protected]

February 6, 2023

VIA ELECTRONIC FILING

Federal Court of Appeal
180 Queen Street West
Toronto, Ontario M5V 1Z4
[email protected]

CR: Dear Registry,

Re: John Turmel v Her Majesty the Queen, File No. A-265-22

I am writing on behalf of the respondent, the Attorney
General of Canada (incorrectly named as "Her Majesty the
Queen," and hereinafter referred to as "Canada"), to request
that the above noted appeal continue as a specially managed
proceeding pursuant to Rule 384 of the Federal Courts Rules.

Canada intends to bring a motion in the course of this
appeal for an order under s. 40 of the Federal Courts Act
declaring the appellant, John Turmel, a vexatious litigant
in the Federal Court of Appeal, and for other consequential
relief.

JCT: So do they want this appeal to be barred?

CR: Canada intends to seek procedural directions or orders
concerning this motion, including directions or orders
concerning the evidence to be used, the format of written
representations, the hearing of this motion, and the
timetable for these steps.

JCT: Sure seems like a lot of nothing. They already have
their evidence on record, what more do they need? How would
they want to change the format of written representations?
What special direction do they need on the hearing? And
timetable?

CR: In addition, Canada intends to request an order amending
the style of cause in this matter to correctly name the
respondent. Canada requests that this matter continue as a
specially managed proceeding, and that the Chief Justice
assign a judge pursuant to Rule 383.1, to act as case
management judge to consider these requests for procedural
relief.
Sincerely,
Jon Bricker
Senior Counsel, National Litigation Sector
cc John Turmel, Appellant

JCT: On Feb 28, the Crown added:

Department of Justice
Ontario Regional Office
National Litigation Sector
120 Adelaide Street West Suite #400
Toronto, ON M5H 1T1
Telephone/Tiliphone: 647-256-7473
Fax/Tilicopieur: 416-973-0809
Email/Courriel: [email protected]

February 28, 2023
VIA ELECTRONIC FILING

Federal Court of Appeal
180 Queen Street West
Toronto, Ontario M5V 1Z4
[email protected]

Dear Registry,
Re: John Turmel v Her Majesty the Queen, File No. A-265-22

I am writing on behalf of the respondent, the Attorney
General of Canada (incorrectly named as Her Majesty the
Queen," and hereinafter referred to as "Canada"), to request
that the Court kindly expedite Canadas previously submitted
request for case-management in this matter.

By letter dated February 6, 2023, Canada advised of its
intention to bring a motion for an order declaring the
appellant a vexatious litigant in the Federal Court of
Appeal (the "Motion"), and requested that the appeal
continue as a specially managed proceeding in order that
Canada could seek procedural directions or orders concerning
this motion.

Specifically, Canada intends to seek directions or orders:
1. Setting a timetable for the Motion;
2. Granting Canada leave to rely for the Motion on the
affidavit evidence filed in the Federal Court proceeding;
3. Granting Canada leave to serve and file a joint
Memorandum of Fact and Law and Written Representations
addressing both the appeal and the Motion;
4. That the Motion be heard orally, together with the
underlying appeal; and
5. Amending the style of cause to correctly name the
respondent.
On February 28, 2023, the Appellant served Canada with his
Memorandum of Fact and Law in the underlying appeal. As a
result, Canada's responding Memorandum of Fact and Law is
currently due on March 30, 2023.

As the procedural directions or orders that Canada intends
to seek would affect the content and timing of Canada's
Memorandum, Canada requests that the Court now kindly
expedite Canada's previously submitted request for case
management.
Sincerely,
Jon Bricker
Senior Counsel, National Litigation Sector
cc John Turmel, Appellant

JCT: Court of Appeal Justice Webb ruled:

TO : APPEAL REGISTRY
FROM : WEBB J.A.
DATE : March 6, 2023
RE : A-265-22: John Turmel v. His Majesty the King _______________________________________________________________________

DIRECTION

Webb: Mr. Turmel was declared a vexatious litigant in the
Federal Court by the Judgment of that Court dated November
9, 2022. This appeal is Mr. Turmel's appeal from that
Judgment.

By letter dated February 6, 2023, the respondent requested
that this appeal continue as a specially managed proceeding
pursuant to Rule 384 of the Federal Courts Rules, SOR/98-
106. In a subsequent letter dated February 28, 2023, the
respondent asked to have its request for case-management
considered on an expedited basis.

The reason cited for the expedited basis is that the
appellant served the respondent with his memorandum of fact
and law in this appeal on February 28, 2023. As a result,
the respondent's memorandum of fact and law in this appeal
must be filed on or before March 30, 2023.

The only remaining steps to be completed to have Mr.
Turmel's appeal heard are:
- serving and filing the respondent's memorandum of fact and
law (Rule 346(2));
- filing the book or books of authorities (Rule 348); and
- serving and filing the requisition for hearing (Rule 347).

Given the few steps remaining in this appeal, there is no
apparent justification for continuing this appeal as a
specially managed proceeding.

Rather than indicate any concerns with respect to Mr.
Turmel's appeal, the respondent indicates that the
justification for treating this appeal as a specially
managed proceeding is the respondent's proposed motion for
an order to declare Mr. Turmel a vexatious litigant in this
Court.

Simply indicating that a motion will be brought in an appeal
cannot justify having that appeal continue as a specially
managed proceeding.

The respondent has not yet brought the motion referred to
above. There is no indication that the Attorney General will
be seeking to prevent Mr. Turmel from continuing his appeal
to this Court.

Therefore, the respondent's memorandum of fact and law in
this appeal will still be required to be filed by March 30,
2023. This memorandum will address whether the Federal Court
erred in finding that Mr. Turmel is a vexatious litigant in
that Court, not whether he should be declared to be a
vexatious litigant in this Court.

JCT: Whether they can abort this appeal is a good question.

Webb: There is nothing to indicate why any issues arising
from the respondent's proposed motion would need to be
addressed as part of a specially managed proceeding and
could not be addressed in the normal course.

The respondent's request to have this appeal continue as a
specially managed proceeding is denied.
"WWW"

JCT: They'll have to explain whether they want to abort this
appeal or future appeals. Either seems stupid.

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