This section contains the nature of the case and procedural background.

Stewart (D) was hired to help a union obtain the addresses of 600 employees of the Constellation Hotel, in Toronto. A union was attempting to organize the Hotel’s employees. The Hotel refused to give out the information because it was treated as confidential. D approached a security guard at the Hotel, Hart, a fee to obtain the data. Hart reported the offer to his boss and the police. A telephone conversation was then recorded between Hart and D. D was eventually arrested and acquitted by a single court judge for the offense of counseling the offense of theft. On appeal, the Ontario Court of Appeal reversed, and D appealed to the Supreme Court of Canada.

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