The applicant municipality sought declarations and advisory opinions from the Superior Court of Justice regarding a perceived conflict between its statutory duty to maintain highways under the Municipal Act, 2001, and its obligations to protect endangered species and their habitats under the Endangered Species Act, 2007.
The municipality faced charges under the ESA for road maintenance activities that allegedly harmed the mottled Duskywing butterfly and its habitat, arguing it was impossible to comply with both statutes simultaneously.
The court dismissed the application, finding the issues were not ripe for declaratory relief because the municipality had not availed itself of the permit process provided under the ESA, nor had it fully tested its defenses in the ongoing provincial prosecution.
