The applicant sought to quash a warrant issued under s. 23(10) of the Food and Drugs Act authorizing Health Canada inspectors to enter a dwelling house and seize non-compliant health products, and to obtain the return of the seized goods.
The applicant argued the Superior Court had jurisdiction because the warrant was issued under Criminal Code provisions.
The court rejected this argument, finding the warrant derived from the FDA, not the Criminal Code, and that the inspectors constituted a federal board or tribunal under the Federal Courts Act.
The court held that the Federal Court had exclusive jurisdiction to review the seizure and declined to hear the application.
