The appellants, former senior officers and directors of Hollinger Inc., appealed an order compelling them to submit to questioning by an Inspector appointed under the Canada Business Corporations Act.
They argued that being compelled to answer questions in Canada would violate their Charter rights against self-incrimination, as their answers could be used against them in ongoing criminal proceedings in the United States.
The Court of Appeal dismissed the appeal, finding that the appellants were not entitled to a constitutional exemption because the Canadian inquiry was fact-finding rather than prosecutorial.
The Court also declined to stay the order, noting that the application judge had established a procedure to rule on specific questions and craft protective mechanisms on a case-by-case basis.
