The appellants, RCMP officers, were the subject of a complaint to the Saskatchewan Human Rights Commission alleging arbitrary arrest and detention contrary to section 7 of the Saskatchewan Human Rights Code.
A Board of Inquiry was established to investigate.
The appellants sought an order of prohibition, arguing the Board lacked jurisdiction.
The Supreme Court of Canada held that section 7 of the Code is inoperative in relation to arrest or detention under the criminal law, as it encroaches on the federal government's exclusive jurisdiction over criminal law and procedure.
The appeal was allowed.
