The accused was charged with possession of unlawfully imported goods under the Customs Act.
The Crown proved possession and foreign origin, relying on a reverse onus provision to establish unlawful importation.
The Supreme Court of Canada held that applying the reverse onus without the Crown showing some knowledge or means of knowledge of the importation by the accused would impose an impossible burden, violating the presumption of innocence under the Canadian Bill of Rights.
The Crown's appeal was dismissed.
