R. v. Elite Farm Services Ltd.

R. v. Elite Farm Services Ltd.

The application was dismissed at the Vukelich stage because applicants failed to establish a factual foundation that the volunteer investigator or MFA were state actors or that MFA performed a governmental function, and failed to show Elite or its director had an objectively reasonable expectation of privacy in recordings made on third‑party farms; therefore no standing and no Charter s.8 hearing warranted.

Citation
2021 BCSC 2061
Parties
Crown: Regina; Accused: Elite Farm Services Ltd.; Accused: Dwayne Paul Dueck; Accused: Sofina Foods Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 October 2021
Procedural Posture
Criminal (regulatory) / Vukelich Threshold Hearing (application to Exclude Evidence Under S.24(2) of the Charter)
Outcome
Application to embark on an evidentiary voir dire denied and claim dismissed at threshold
Legal Topics
Charter S.8 Search and Seizure, Charter S.24(2) Exclusion of Evidence, State Actor Test, Standing to Challenge Searches, Vukelich Evidentiary Threshold
Source Language
English
Constitutional Law Criminal Law Administrative Law Privacy Law Regulatory Offences Charter S.8 Search and Seizure Charter S.24(2) Exclusion of Evidence State Actor Test +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 28 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Elite Farm Services Ltd.

Accused

Dwayne Paul Dueck

Accused

Sofina Foods Inc.

Accused

Procedural Posture

Criminal (regulatory) / Vukelich Threshold Hearing (application to Exclude Evidence Under S.24(2) of the Charter)

Legal Issues

  1. 1 Whether the actions of a private investigator/volunteer amounted to state action attracting the Charter
  2. 2 Whether the applicants (corporation and its director) have a reasonable expectation of privacy / standing to challenge the recordings

Ratio Decidendi

The application was dismissed at the Vukelich stage because applicants failed to establish a factual foundation that the volunteer investigator or MFA were state actors or that MFA performed a governmental function, and failed to show Elite or its director had an objectively reasonable expectation of privacy in recordings made on third‑party farms; therefore no standing and no Charter s.8 hearing warranted.

Court Disposition

Application to embark on an evidentiary voir dire denied and claim dismissed at threshold

Orders

  • Application to embark on evidentiary voir dire into alleged s.8 Charter breach denied
  • No Charter s.8 relief granted at this stage