The applicants sought certiorari and mandamus to overturn the Public Prosecution Service of Canada's (PPSC) decision to terminate a private prosecution against Sar-El Canada under the Foreign Enlistment Act.
The applicants alleged the termination was influenced by partisan interests and constituted an abuse of process, arguing there was a reasonable prospect of conviction.
The court dismissed the application, finding that the applicants lacked standing to challenge the Crown's exercise of prosecutorial discretion.
The court affirmed that prosecutorial discretion, including the decision to withdraw charges based on no reasonable prospect of conviction, is reviewable only for egregious abuse of process, which was not demonstrated in this case.
