The applicants brought a motion under section 24(2) of the Canadian Charter of Rights and Freedoms to exclude evidence seized during environmental protection inspections and a search warrant executed by officers of the Canadian Environmental Protection Agency.
The applicants were charged with importing tractors and small engines without proof of conformity to Canadian emission standards.
The court found that the December 2009 seizure was unreasonable due to an improperly issued Environmental Protection Compliance Order, the June 2010 seizure was unreasonable as it relied on the prior unlawful seizure, and the September 2010 computer search was unreasonable as the Information to Obtain lacked any grounds to believe relevant documents would be found in a computer.
The court excluded the computer evidence but admitted the seized equipment and observations thereof.
