The respondents were charged under the Occupational Health and Safety Act.
The Crown refused to disclose a Prosecution Approval Form, claiming solicitor-client privilege.
A justice of the peace found a Charter breach, ordered disclosure, and awarded costs against the Crown.
The Crown successfully applied to quash the costs order, arguing the provincial offences court was not a 'court of competent jurisdiction' under s. 24(1) of the Charter.
The Court of Appeal reversed this decision.
The Supreme Court of Canada dismissed the Crown's appeal, holding that a provincial offences court has the power to order costs against the Crown for a Charter breach based on a functional and structural approach to its jurisdiction.
