This case involved a s. 8 Charter challenge of a warrantless inspection/search of a fish farm facility which in addition to finding unlicensed fish also discovered a large marijuana grow operation.
The appeal court upheld the validity of the search for the following reasons:
In R v. Jarvis [2002] 3 S.C.R. 757, the Supreme Court of Canada has said that "even after the authorities determined that a breach of a regulatory statute has occurred, the authorities may continue with the inspection provided that the predominant purpose of the inquiry remains the determination of statutory compliance (para.9); and
There was a low expectation of privacy given that this was a government regulated activity, particularly in light of the need for food safety