What is the test for mandamus?

Manitoba, Canada


The following excerpt is from R. v. Mayen, 2014 MBQB 29 (CanLII):

Mandamus is an extraordinary remedy that arises from the inherent jurisdiction of a superior court. In the context of criminal law its purpose is to compel an inferior court to hear a matter where it has refused to do so. Like most other prerogative remedies, mandamus is discretionary and will not be granted if another adequate remedy exists. This may be a right of appeal or access to a procedure in another forum. (See Kipp v. Attorney-General (Ontario), 1964 CanLII 20 (SCC), [1965] S.C.R. 57)

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