The applicants sought an order of mandamus to compel the Minister of Environment and Climate Change to prepare a recovery strategy, an action plan, and designate critical habitat for the Bank Swallow, a threatened species under the Species at Risk Act.
While the court recognized a public legal duty for the Minister to issue a recovery strategy and found an unreasonable two-year delay, the application was dismissed.
The court held that the request for an action plan and habitat designation was premature until the recovery strategy was posted.
Furthermore, the applicants lacked both direct standing and public interest standing, and failed to make a prior demand, which are required elements of the test for mandamus.
