The respondent was convicted of operating its crushing plants without an approved dust exhaust system, contrary to an order made by the Deputy Minister of Social Affairs.
The Superior Court quashed the convictions, holding that the order could only be made by the Minister in person, which the Court of Appeal affirmed.
The Supreme Court of Canada dismissed the appeal, concluding that under s. 55 of the Public Health Act, the Minister must exercise emergency powers 'himself', meaning in person, rendering the Deputy Minister's order void.
