Kristina Gill

The applicants sought judicial review of the Minister of Natural Resources' decision to apply an Interim Enforcement Policy, which permits Aboriginal people to hunt and fish for food, social, and ceremonial purposes, within the 1923 Williams Treaties boundaries.

The Minister brought a motion to quash the application.

The Divisional Court granted the motion, finding that the application of the policy was an exercise of prosecutorial discretion, which is immune from judicial review absent an abuse of process.

The court also held that the policy did not violate the applicants' equality rights under section 15 of the Charter, as it constituted an ameliorative program under section 15(2).

The appellant appealed four orders striking out his Statements of Claim against the City of Hamilton and the Government of Ontario.

The claims involved allegations of failure to fund employment assistance programs, failure to ensure a competitive job market, and requests for the legislature to enact laws addressing alleged abuses of power.

The Court of Appeal agreed with the motion judges that the claims disclosed no reasonable cause of action or were outside the purview of the courts.

The appeals were dismissed.