The Attorney General of Canada obtained an evidence-gathering order under the Mutual Legal Assistance in Criminal Matters Act to allow a French expert to examine a collection of Rodin plasters held at an art centre.
The collectors appealed, arguing the order amounted to an unauthorized search and seizure.
The application judge made a sending order but attached conditions requiring the Crown to pay storage costs, indemnify the collectors for damage, and pay costs.
The Court of Appeal dismissed the collectors' appeal, finding jurisdiction for the evidence-gathering order.
However, the Court allowed the Crown's appeal, striking out the compensation and costs conditions as inconsistent with the general rule that costs are not awarded in criminal matters absent exceptional circumstances.
