The applicants sought judicial review, including mandamus, prohibition, certiorari, and s. 24(1) Charter relief, of a Justice of the Peace's decision.
The Justice of the Peace had dismissed their s. 11(b) Charter application for unreasonable delay and deferred an abuse of process application in a provincial offences proceeding concerning alleged damage to Massasauga snake habitat.
The Superior Court dismissed the applicants' request for extraordinary relief, finding that the Justice of the Peace did not exceed or decline jurisdiction.
The court held that the issues raised were not appropriate for interlocutory intervention by a superior court, emphasizing that such matters are generally best addressed on appeal after the trial has concluded.
