Calvin S. Goldman

The appellants were charged with conspiracy to prevent or lessen competition unduly, contrary to s. 32(1)(c) of the Combines Investigation Act.

They moved to quash the indictment, arguing that the provision violated s. 7 of the Charter due to vagueness and an unconstitutional mens rea requirement.

The Supreme Court of Canada held that the word 'unduly' is not unconstitutionally vague, as it provides a sufficient basis for legal debate and fair notice.

The Court also held that the mens rea requirement of the offence, which requires subjective intent to enter the agreement and objective fault regarding the undue lessening of competition, satisfies the principles of fundamental justice under s. 7.

The respondent Crown corporations were charged under the Combines Investigation Act with conspiring to unduly lessen competition in the uranium industry.

They sought prohibition orders to prevent the Provincial Court from proceeding, arguing they were immune from prosecution as agents of the Crown.

The Supreme Court of Canada held that the Combines Investigation Act does not bind the Crown.

Furthermore, because both corporations were statutorily designated as agents of the Crown 'for all its purposes' and were acting within their authorized corporate objects, they were entitled to Crown immunity.

The appeals by the Crown were dismissed.