[14] I am not persuaded that the applicants could not have
brought this application some time prior to the election being
called and in a time frame that would have allowed proper
preparation and consideration of these complex issues. This is
not a hypothetical situation as it was known for several months
that there was likely to be a federal election and, in any
event, the law is such that an election must be called at least
every five years. The time frame proposed would not allow the
respondent [page686] sufficient time to prepare properly. While
the issue to be decided is relatively discrete, there is also
the question of stare decisis and the issue of the application
of the Charter. As stated by the Supreme Court of Canada in
MacKay v. Manitoba, [1989] 2 S.C.R. 357, [1989] S.C.J. No. 88,
at para. 8:
Charter cases will frequently be concerned with concepts
and principles that are of fundamental importance to Canadian
society. For example, issues pertaining to freedom of
religion, freedom of expression and the right to life,
liberty and the security of the individual will have to be
considered by the courts. Decisions on these issues must be
carefully considered as they will profoundly affect the lives
of Canadians and all residents of Canada. In light of the
importance and the impact that these decisions may have in
the future, the courts have every right to expect and indeed
to insist upon the careful preparation and presentation of a
factual basis in most Charter cases.
[15] The issues in this case involve complex matters that
require careful analysis. This case is one which raises
questions that go to the heart of a democratic system.
2011 ONSC 2281 (CanLII)
side. Then counsel would be required to prepare and file facta
and books of authorities. Requiring the respondent to prepare
for the hearing of this matter in the expedited time frame
proposed by the applicants would cause them significant
prejudice. Prejudice to the respondent is a highly relevant
factor when determining whether an application should be
expedited: see May v. CBC/Radio, [2011] F.C.J. No. 519, 2011
FCA 130, at para. 13; Dragan, supra, at para. 13.