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Regina v. Stewart

Canada Supreme Court
50 D.L.R.4th 1 (1988)


Wayne John Stewart (defendant) was hired by someone he believed to be acting on behalf of a union which was attempting to organize about 600 employees of the Constellation Hotel in Toronto to obtain the names and addresses of the employees. A hotel policy treated personal employee information as confidential. Stewart offered Hart, a security guard at the hotel, a fee to obtain the information. Instead, Hart reported the offer to his supervisor. Subsequent telephone conversations between Stewart and Hart were recorded and thereafter Stewart was indicted, among other things, for counseling the offense of theft in violation of § 283 of the Criminal Code. Stewart was acquitted by the trial judge, but on appeal the court reversed and entered a guilty verdict. Stewart then appealed to the Canada Supreme Court.

Rule of Law


Holding and Reasoning (Lamer, J.)

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