The defendant Ministry of the Environment brought a motion for leave to appeal an order dismissing its Rule 21 motion.
The underlying action involved a corporate plaintiff alleging that the Ministry's investigation, press releases, and threats of core drilling violated its rights under sections 7, 8, and 11 of the Charter, despite no charges being laid.
The court granted leave to appeal, finding that there were conflicting decisions regarding whether a corporation could assert these Charter rights in the absence of penal proceedings, and that the issues raised were of sufficient importance to warrant appellate review.
