The appellant, a target of a Canadian criminal investigation into chocolate price-fixing, appealed an order enforcing a US Letter of Request compelling him to testify in a US class action.
He argued that compelling his testimony would violate his right to silence under section 7 of the Charter and provide the Competition Bureau with an unfair advantage.
The Court of Appeal dismissed the appeal, finding that the appellant's rights were adequately protected by use immunity under section 13 of the Charter and the Evidence Acts.
The Court added three conditions to the order to further restrict the Competition Bureau's access to the compelled testimony.
