The appellants sought a writ of prohibition to prevent the Ontario Court of Justice from hearing charges against them under the Fish and Wildlife Conservation Act, arguing that the Act was ultra vires, that their claims arose under federal common law, that the prosecution was precluded by inter-jurisdictional immunity, and that the court was institutionally biased.
The application judge dismissed the application, save for prohibiting a specific justice of the peace from conducting the trial.
The Court of Appeal dismissed the appeal, affirming that constitutional and aboriginal rights claims must be raised as defences in the court having jurisdiction over the charges, and that there was no merit to the claim of institutional bias.
