Charged with criminal neglect, 446 and distress under provincial legislation. Crown stayed the criminal charges. Accused argued the provincial legislation was ultra vires the province as being criminal in nature and that the search and seizure provisions of the Act infringed s.7 and 8 of the Charter.
Held: the Criminal Code was broader even though they dealt with the same subject matter. The Province had not usurped the role of the Feds. Given both legislation used same language there was harmony and no conflict. A person wouldn’t be in breach to follow the other. The search and search warrant powers were an overreach and a breach of section 8 not saved by section 1 of the Charter.
Charges stayed.