The moving parties, licensees in the horse racing industry, brought a motion to exclude statements and documents compelled by the Administration of the Ontario Racing Commission during an investigation.
They argued that the compulsion violated sections 7, 11, and 13 of the Charter.
The Commission panel dismissed the motion, finding that the Charter sections did not apply to the regulatory investigation, as the proceedings did not involve true penal consequences and did not engage liberty or security interests.
The panel ruled the evidence admissible, noting that even if a Charter breach occurred, the evidence would not be excluded under section 24(2).