The appellants were convicted of conspiracy to traffic in cannabis resin following a reverse sting operation in which the RCMP offered to sell them a large quantity of hashish.
The appellants sought a stay of proceedings, arguing the police conduct was illegal and constituted an abuse of process.
They also sought disclosure of legal advice the RCMP received from the Department of Justice, which the Crown claimed supported the police's good faith belief in the operation's legality.
The Supreme Court of Canada held that the police are not immune from criminal liability and that their conduct in offering to sell narcotics was illegal.
Furthermore, by asserting good faith reliance on the legal advice, the RCMP waived solicitor-client privilege.
The Court ordered disclosure of the relevant legal advice and directed a new trial limited to the issue of whether a stay of proceedings should be granted.
