[17] Considering the circumstances, I am not prepared to
schedule an application to contest the constitutional validity
of s. 329 of the Canada Elections Act at this time. The request
for an urgent and expedited hearing is refused for these
reasons.
[18] Should the parties be unable to resolve the issue of
costs, they may file brief written submissions according to the
following timetable: the respondent by May 6, 2011 and the
applicants by May 20, 2011.
Request denied.
2011 ONSC 2281 (CanLII)
[16] I also am of the view that the time frame would not
allow the court opportunity to perform its duties in a
satisfactory manner. The application judge would be required to
provide an almost immediate decision in a complex case. That is
not the appropriate way to dispense justice. Challenges to the
constitutional validity of legislation require extensive and
careful analysis of complex Charter principles. The applicants
are asking the court to perform its role in a perfunctory
manner rather than in a thoughtful and considered way. In my
view, to have an expedited determination of these issues would
not be in the public interest.