The applicants sought leave to appeal their convictions for building a farm roadway in a regulated wetland without a permit from the Conservation Authority.
They argued that the Provincial Policy Statement under the Planning Act immunized them from prosecution for farming activities.
The Court of Appeal dismissed the motion for leave to appeal, finding that the proposed legal question had no merit, as the Provincial Policy Statement only applies to the exercise of authority affecting a planning matter and does not override the Conservation Authority's jurisdiction to regulate wetlands.
