The applicants sought exclusion of evidence under s. 24(2) of the Charter arising from inspections, seizures, and a search warrant executed during an investigation into alleged breaches of the Canadian Environmental Protection Act involving imported tractors and small engines.
The court found that an initial inspection based on an unverified tip technically breached s. 8, and that the subsequent seizure through an Environmental Protection Compliance Order was unlawful because it was issued orally without proven exigent circumstances and with inadequate written follow‑up.
A later search warrant authorizing a computer search was also invalid because the Information to Obtain failed to establish reasonable grounds to believe relevant evidence would be found in a computer or even that a computer existed at the premises.
Applying the Grant framework, the court excluded all computer‑derived evidence but admitted the seized equipment and related observations, finding the breaches related to those items were not sufficiently serious to justify exclusion.
