The court considered whether to exercise its discretion to grant pre-charge Charter relief in the form of a declaration that the seizure of items by police during a criminal investigation was in violation of section 8 of the Charter.
The Applicants, Eastway Tank Pump and Meter Ltd. and Neil Greene, had not been charged with a criminal offence but were under investigation following a fatal explosion.
The court reviewed the factual background, the parties' positions, and relevant case law on the availability of certiorari and declaratory relief prior to the laying of charges.
Ultimately, the court declined to exercise its discretion to grant the relief at this stage, finding the Charter issues best left to the trial judge, but left open the possibility of renewal if charges are not laid within a reasonable time and further evidence of reputational harm is provided.
