Appeal and do not seek judicial review if you are dissatisfied with a POA ruling

R. v. Nilsen, 2011 ONCA 322, released on-line today, makes clear that only appeals as prescribed by the Provincial Offences Act ("POA") are available under the POA and the old writs in lieu or certiorari are not available.

In short, appeal and do not seek judicial review if you are dissatisfied with a POA ruling. The Court held:

Trafford J. held that certiorari was not available and that the appellant should have pursued her appeal rights under the Provincial Offences Act to the Provincial Offences Appeal Court.  We agree with that decision.  Section 141(3) of that Act provides:  "No application shall be made to quash a conviction, order or ruling from which an appeal is provided by this Act, whether subject to leave or otherwise".  That provision makes it clear that certiorari is not available in these circumstances and that the appellant was required to pursue her appeal remedies.