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ONSC decision
Her Majesty the Queen v. Joseph Burnett and Ruthbern Holdings LTD, [1985] 2 CTC 227
Under the Charter, it would seem that the discretion is more heavily weighted in favour of return and the onus is on the Crown to show compelling grounds for the retention of articles seized in contravention of a constitutional right: See Re Weigel and The Queen (1983), 7 CCC (3d) 81 Sask QB) and Re Gillis and The Queen (1982), 1 CCC (3d) 545 (Que SC). ...