The Crown sought leave to appeal a decision of the Ontario Court of Justice that overturned the respondent's conviction under the Endangered Species Act for damaging Blanding's turtle habitat.
The appeal judge had entered an acquittal after finding the circumstantial evidence of turtle sightings from prior and subsequent years insufficient to prove the land was habitat at the time of the offence.
The Court of Appeal held that while the appeal judge's conclusion raised a question of law alone, the Crown failed to demonstrate that granting leave was essential in the public interest or for the due administration of justice.
The decision below was highly fact-specific and unlikely to establish a binding precedent requiring direct evidence of habitat use.
Leave to appeal was denied, and the respondent's request for costs was dismissed.
