The defendant reported a spill of cooling tower water to the Ministry of the Environment.
A provincial officer telephoned the defendant to demand a written report about the spill.
The defendant refused, arguing that such a demand must be made in writing by a Director under the Environmental Protection Act.
The defendant was charged and initially convicted of obstructing a provincial officer, but was acquitted on appeal.
The Court of Appeal dismissed the Crown's appeal, holding that a provincial officer does not have the statutory authority to demand additional information by telephone, as such powers are reserved for the Director or must be exercised during a physical inspection.
