In what circumstances will the Minister of Transport be refused a prerogative writ?
Alberta, Canada
The following excerpt is from R. v. Evangelista, 2001 ABQB 103 (CanLII):
In Friends of the Oldman River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3, La Forest J., speaking for the majority, stated: Prerogative relief should only be refused on the ground of futility in those few instances where the issuance of a prerogative writ would be effectively nugatory. (p.80 ).
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