J.A. Scollin

The respondent corporation was charged with an offence under the Canada Grain Act.

At trial, the Crown attempted to call the manager of the respondent's elevator as a witness.

The trial judge ruled the manager was not compellable, equating his testimony to compelling the corporation itself, and acquitted the respondent.

The Court of Appeal upheld this decision.

The Supreme Court of Canada allowed the Crown's appeal, holding that an employee or officer of a corporation, even if considered its 'directing mind and will', is a compellable witness for the prosecution.

The privilege against self-incrimination applies to the accused corporation, not to its individual employees testifying at trial.

The appellant appealed from a judgment of the Federal Court of Appeal dismissing an application for judicial review of a decision of the Unemployment Insurance Commission.

The Supreme Court of Canada dismissed the appeal, finding no error of law in the Federal Court of Appeal's decision.