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An appeal court has confirmed it again:  an inspection can continue while an investigation is underway, but investigators must be able to prove that they did not use any information from such an inspection. In R. v. Crown Cork and Seal, the Ministry of the Environment investigator met with an inspector, but neither kept notes of the meetings. As a result, the MOE’s entire prosecution of Crown Cork and Seal was stayed, i.e. permanently blocked from proceeding.

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