Inco Limited was charged with discharging untreated mine effluent into a creek and failing to report the discharge under the Ontario Water Resources Act.
The Crown appealed the summary conviction appeal judge's decision ordering a new trial on the basis that the trial court applied the incorrect test for water impairment.
Inco cross-appealed, arguing the charges should be stayed as an abuse of process because the environmental officer lacked statutory authority to conduct a warrantless inspection and violated the Charter rights of its employees.
The Court of Appeal dismissed the Crown's appeal, confirming that the capacity to impair water quality must be assessed based on the nature and circumstances of the discharge.
The Court allowed Inco's cross-appeal, holding that while the corporation lacked standing to assert its employees' Charter rights, a new trial was required to determine whether the officer had reasonable and probable grounds to believe an offence was committed before conducting the inspection, which would dictate whether a warrant was required.
