The respondents openly sold direct-to-home satellite systems with access cards that could decode United States satellite programming signals.
The police obtained and executed search warrants at the respondents' business premises, seizing extensive inventory and records.
The respondents successfully applied to quash the warrants and for the return of the seized property.
The Crown appealed.
The Court of Appeal dismissed the appeal, finding that the motions judge properly heard the application rather than deferring to the trial court, correctly concluded that the affiant failed to make full, frank, and fair disclosure, and correctly determined that the alleged offence under s. 9(1)(c) of the Radiocommunication Act was not an offence known to law due to statutory ambiguity regarding foreign signals.