A plant operated by the respondents discharged chlorine into adjacent waters, killing fish.
The authorities obtained a search warrant under s. 487(1) of the Criminal Code to search for evidence of negligence that would negate a defence of due diligence to strict liability environmental offences.
The respondents successfully applied to quash the warrants in the lower courts.
The Supreme Court of Canada allowed the Crown's appeal, holding that the broad wording of s. 487(1) authorizes the issuance of warrants to search for and seize evidence of negligence in the investigation of strict liability offences.
