The accused was convicted of conspiring to import drugs contrary to the Narcotic Control Act and the Criminal Code.
The Court of Appeal quashed the conviction, holding that the Attorney General of Canada lacked the constitutional authority to prefer the indictment.
The Supreme Court of Canada allowed the Crown's appeal, applying its previous decision in Hauser.
The Court held that the Attorney General of Canada has the power to institute proceedings for a conspiracy to violate a federal statute whose constitutional validity does not depend on the criminal law power.
