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Appeal from a regulatory-environmental prosecution. The court addressed Charter challenges to inspections, statements, a spill report, and Jordan delay.
The Tax Court judge did not err in exercising her discretion to deny full disclosure and to require partial disclosure under rule 81 at this interlocutory stage because the motion was premature, no imminent Charter breach was established, existing procedural protections reduce the risk of self-incrimination, and appellate intervention is unwarranted absent a demonstrable error of law or wrong principle.
Source excerpt
T4 slips were pre-existing documents independent of state compulsion and their production and subsequent use to prosecute welfare fraud did not engage the s.7 protection against self-incrimination; given the applicant's undertaking to disclose income for eligibility, she had no reasonable expectation of privacy under s.8 that would prohibit the Department from providing those records to prosecutorial authorities; conviction therefore stands though the probation term ordering monthly $100 payments toward restitution was removed.
Source excerpt
The Supreme Court held that statements made under compulsion of British Columbia’s Motor Vehicle Act were inadmissible in related criminal proceedings.
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