What is the test for determining whether a court of competent jurisdiction has jurisdiction to grant a remedy?
Alberta, Canada
The following excerpt is from R. v. Dumont, 2002 ABPC 44 (CanLII):
The starting point for the analysis, as endorsed in 974649 Ontario, is the case of Mills v. the Queen, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863 (S.C.C.) (referred to as “Mills”) where defining competency meant applying a three-tier test. To be a court of competent jurisdiction, the court had to have jurisdiction over: a. the person; b. the subject matter; and; c. the jurisdiction to grant the remedy sought.
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