The Crown commenced a civil action for forfeiture against the respondent corporation under the Customs Act for making false declarations.
The Crown sought to examine an officer of the respondent for discovery.
The respondent argued it was protected from discovery by common law privilege and section 11(c) of the Charter.
The Supreme Court of Canada held that the common law privilege against self-incrimination in forfeiture actions was abrogated by the Canada Evidence Act and modern discovery rules.
Furthermore, the Court ruled that a corporation cannot be a 'witness' and therefore cannot claim the protection of section 11(c) of the Charter.
The Crown's appeal was allowed and the corporation was ordered to produce an officer for discovery.
