The writ is available where there is no other adequate remedy. However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy (see May v Ferndale Institution). Under the Criminal Code the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.
the writ is available where there is no other adequate remedy however a superior court always has the discretion to grant the writ even in the face of an alternative remedy (see may v ferndale institution) under the criminal code the writ is largely unavailable if a statutory right of appeal exists whether or not this right has been exercised