The Court gave a two-part test to determine whether a proceeding deals with a criminal matter.

He was initially convicted of a "major service offence" under the Act by a disciplinary board and ordered to pay a fine of $300.

He argued that he could not be charged on the grounds that it would constitute double jeopardy in violation of Section 11(h) of the Charter.

Justice Wilson, writing for the Court majority, found that Section 11(h) had not been violated by the second charge, as the first charge under the Royal Canadian Mounted Police Act was disciplinary in nature and related to the private sphere of RCMP conduct.

She proposed a two-part test to determine whether a proceeding is in relation to a criminal matter and therefore invoking Section 11(h).