The defendants were charged with discharging or causing the discharge of a pesticide (Headline) into the environment contrary to the Pesticides Act.
The Crown alleged that on July 23, 2013, a helicopter operated by the defendants sprayed pesticide near Highway 40 and St. Andrews Line in Chatham-Kent, causing material discomfort to two witnesses.
The trial hinged on identity and whether the pesticide was improperly used.
The court found that while the pesticide was detected and material discomfort was established, the Crown failed to prove identity and improper use beyond a reasonable doubt.
The critical evidence linking the defendants to the incident (Exhibit 13) was found to be unreliable due to authentication and reliability problems.
The defendants were acquitted.
