Edward Sojonky

The appellant challenged the validity of the abortion provisions in section 251 of the Criminal Code, arguing they violated the Charter rights of the foetus.

Before the appeal reached the Supreme Court of Canada, section 251 was struck down in its entirety in a separate decision.

The Court held that the appeal was moot because the underlying legislation no longer existed, eliminating the concrete legal dispute.

The Court declined to exercise its discretion to hear the moot case, citing judicial economy and the need to respect its adjudicative role.

Furthermore, the Court found the appellant had lost his standing to pursue the appeal since the legislative context for his original public interest standing had disappeared.

The Crown commenced a civil action for forfeiture against the respondent corporation under the Customs Act for making false declarations.

The Crown sought to examine an officer of the respondent for discovery.

The respondent argued it was protected from discovery by common law privilege and section 11(c) of the Charter.

The Supreme Court of Canada held that the common law privilege against self-incrimination in forfeiture actions was abrogated by the Canada Evidence Act and modern discovery rules.

Furthermore, the Court ruled that a corporation cannot be a 'witness' and therefore cannot claim the protection of section 11(c) of the Charter.

The Crown's appeal was allowed and the corporation was ordered to produce an officer for discovery.