The appellant municipality was charged with contraventions under the Endangered Species Act for road maintenance activities that allegedly harmed an endangered butterfly species.
The municipality sought declaratory relief stating that its road maintenance obligations under the Municipal Act superseded the Endangered Species Act, exempting it from compliance.
The application judge dismissed the application as premature and not ripe for adjudication, noting the municipality had not attempted to obtain a permit.
The Court of Appeal dismissed the appeal, upholding the finding that the issues were not justiciable and should be addressed either through the permit process or in the ongoing quasi-criminal prosecution.
