Crown appeal of an acquittal in a provincial offences matter concerning the interpretation of the standard of "reasonable belief" under section 156(1)(c) of the Environmental Protection Act.
The respondent was charged with hindering or obstructing a provincial officer in the performance of his duties after preventing an inspection of his property where an open fire was burning.
The central issue was whether the provincial officer had the requisite authority to conduct a warrantless inspection based on information received from a bylaw officer regarding smoke and waste disposal on the property.
The Court of Appeal allowed the appeal and restored the conviction, establishing that "reasonable belief" in the regulatory inspection context is a lower threshold than "reasonable and probable grounds" and does not require the application of criminal law standards for assessing informant tips.
