The appellant, a director of public security, asked a subordinate officer to prepare a supplementary accident report regarding his daughter's car accident.
The supplementary report concluded his daughter was not at fault, saving the appellant a $250 insurance deductible.
He was convicted of breach of trust by a public officer under s. 122 of the Criminal Code.
The Supreme Court of Canada allowed the appeal and entered an acquittal, establishing a five-part test for the offence.
The Court held that the offence requires both a serious and marked departure from the standards expected of the office, and an intention to use the office for a purpose other than the public good.
The appellant's conduct was found to be a mere error in judgment lacking the requisite mens rea and actus reus.
