Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights — Search and seizure — Legislation — Interpretation — Health Law — Drugs — Health Canada ordering seizure of importation of medicinal drugs for non compliance —Whether the seizure power is correctly interpreted as a criminal law power authorizing gathering of evidence for prosecution or an administrative law power authorizing the interdiction of drugs for non compliance — Whether the exercise of the seizure power imposes a s. 8 Charter requirement that the Minister give notice to the individuals from whom the drugs were seized, and afford those individuals a hearing — S. 23(1)(d) of the Food and Drug Act, R.S.C. 1985, c. F 27.

The applicant TrueHope Nutritional Support Limited markets and sells a product called EMpowerplus to treat mental illness. The applicant David Hardy is the principal of TrueHope. TrueHope imports its product into Canada from the United States where the product is manufactured and distributed. TrueHope sold the product in Canada through its website without authorization from the respondent Health Canada. Health Canada intercepted an attempted importation into Canada of a shipment of the product. It seized and detained the shipment as non compliant under ss. 23(1)(d) and 26 of the Food and Drug Act. TrueHope and Mr. Hardy challenged ss. 23(1)(d) and 26 of the Food and Drug Act as contrary to s. 8 of the Charter because they do not provide them with sufficient procedural protections. They further alleged that the seizure was unreasonable. Mr. Hardy alleged that the seizure violated his Charter s. 7 rights, as well as those of other product users.