The appellants were charged with conspiracy to effect an unlawful purpose under s. 423(2)(a) of the Criminal Code, specifically to prevent members of a union from participating in lawful union activities under s. 110(1) of the Canada Labour Code.
The Provincial Court quashed the information, but the Supreme Court of Ontario and the Court of Appeal ordered the matter to proceed.
The Supreme Court of Canada allowed the appeal, holding that 'unlawful purpose' in s. 423(2)(a) means contrary to law (prohibited by federal or provincial legislation).
Since preventing participation in union activities is not explicitly prohibited by legislation, the information did not disclose an offence known to law.
