The Crown obtained a restraint order and special warrants of seizure against the respondents' real property and motor vehicles, alleging they were proceeds of crime from a stolen car parts operation.
The reviewing judge quashed the orders, finding the underlying search warrants were based on an illegal search by a provincial licensing agency.
The Supreme Court of Canada allowed the Crown's appeal in part, holding that while a restraint order is a seizure under section 8 of the Charter and a reviewing judge can examine underlying warrants, the reviewing judge erred in excluding the agency's information.
The restraint order and warrants were restored, except for 24 vehicles seized without authorization.
