The appellants appealed their fraud convictions, arguing that a production order for bank documents violated their s. 8 Charter rights due to the non-disclosure of statutory declarations.
The Court of Appeal agreed with the trial judge that while a s. 8 violation occurred regarding personal documents, the evidence should not be excluded under s. 24(2) because the officer's carelessness did not render the breach serious enough to warrant exclusion.
The court found the trial evidence overwhelming and dismissed the appeals.
