The appellants, Swiss nationals residing in Switzerland, were charged in Manitoba with fraud.
Because Swiss law prevents the extradition of its citizens, Canada requested that Switzerland prosecute them pursuant to an 1880 treaty.
Swiss investigating judges sought to take commission evidence in Canada for the pre-trial stage of the Swiss proceedings.
The Supreme Court of Canada upheld the order granting the commission, finding that section 43 of the Canada Evidence Act should be interpreted liberally to fulfill Canada's international treaty obligations, even if the evidence was for pre-trial use.
