Background:

• Englobe Environment Inc. challenged the seizure of their soils by the Canadian Food Inspection Agency for exceeding allowable metal concentrations. Englobe disputed this on administrative law and constitutional grounds.

Key Points:

1. Statutory Background:

   • The Fertilizers Act, updated in 2015, regulates the safety of fertilizers, including a prohibition against harmful products (Section 3.1).
   • Regulations, aided by Memorandum T-4-93, set standards for specific chemicals in fertilizers.

2. Englobe's Challenge:

   • Englobe questioned the Agency’s laboratory results, the standards used, and the constitutional validity of the Act and Regulations.

3. Court's Analysis:

   • The Court analyzed the Act's section 3.1, concluding it falls under the concurrent jurisdiction over agriculture and federal criminal law jurisdiction.
   • It rejected Englobe's argument that the Act pertains to "articles of trade" and not agriculture.

4. Constitutional Jurisdiction:

   • Section 3.1 was found to align with the concurrent jurisdiction over agriculture and federal jurisdiction over criminal law, serving public health and environmental protection purposes.

Outcome:

• Successful Party: Canada (Food Inspection Agency).
• Englobe’s application was dismissed, with the Court affirming the constitutional soundness and jurisdictional validity of the statutory and regulatory provisions.