| Mandamus is a remedy by which the court orders the performance of a public duty. Since the English Court of Appeal's ruling on a police duty to enforce the law in 1968, it has been much debated whether a private citizen can apply for mandamus ordering the enforcement of the law (law-enforcement mandamus). Although such mandamus is unlikely to be available in the areas of criminal law and fiscal law, there should be certain cases where the court can issue it in the area of regulatory law. In the United States several cases have been reported where the court issued law-enforcement mandamus or its equivalent. While law-enforcement mandamus has been issued only once in Canada, in light of the Supreme Court of Canada's affirmative ruling on the negligence liability of a public body for failing to enforce the law, it should be made more available. |
