The Crown appealed a Divisional Court decision permitting the Ontario Federation of Anglers & Hunters to examine the Premier and the Minister of Natural Resources regarding the cancellation of the spring bear hunt.
The applicants alleged the Minister failed to exercise independent discretion and was improperly influenced by the Premier and political expediency.
The Court of Appeal allowed the appeal and quashed the summonses, holding that the motives for passing a regulation are irrelevant to its validity, and there was no justiciable issue or reasonable evidentiary basis to permit the examinations.
A motion to introduce fresh evidence was also dismissed.