When will a court order a declaration to preserve the status quo until the outcome of a conference on the issue is determined?
British Columbia, Canada
The following excerpt is from Peters v. British Columbia, 1983 CanLII 348 (BC SC):
It is not necessary, at this stage, to decide which view is more nearly correct. Looking only at the words of s. 37, there are obvious difficulties with the petitioner's proposed interpretation. But that section contemplates future political action and so the question as to what will come out of the conference cannot be answered merely by reading it. Even if the petitioners are wrong in their view as to the final effect of a decision by the conference, it does not follow that they have nothing to preserve in the meantime. An order which will preserve the status quo until that point is reached may well have a useful practical effect. It is a matter of discretion whether to grant a declaration which will have no legal effect but may have some practical effect: Landreville v. R., 1977 CanLII 1739 (FC), [1977] 2 F.C. 726 at 760, 75 D.L.R. (3d) 380 (Collier J.).
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