R. v. McGowan Motors Ltd., 1994 CanLII 3377 (PE SCAD)

This case was heard in the Supreme Court of Prince Edward Island (Appeal Division). 

After McGowan Motors Ltd. ("McGowan") was convicted in Provincial Court on three charges under Prince Edward Island’s Environmental Protection Act, the corporation appealed the conviction in the Summary Conviction Appeal Court and argued that its rights under sections 7 and 8 of the Canadian Charter of Rights and Freedoms had been violated.

After considering authoritative precedents, the Summary Conviction Appeal Court held that section 7 of the Charter does not apply to corporations. It also held that although section 8 of the Charter does apply to corporations, McGowan's rights under section 8 had not been violated. McGowan's appeal was therefore dismissed.

When McGowan appealed to the Court of Appeal, the Court affirmed the decisions of the lower courts and dismissed the appeal.

To read about this case in the Trial Division, go to R. v. McGowan Motors Ltd., 1993 CanLII 2888 (PE SCTD).

View the Decision on CanLII: https://www.canlii.org/en/pe/pescad/doc/1994/1994canlii3377/1994canlii3377.html

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