In order for a retention order to be granted, it must be established before the judge that there were reasonable and probable grounds for the Minister's belief. This cannot be established "unless the evidence on oath furnishes some facts as to the nature of the seized documents and their connection with the violation in question - rather than insulating such facts from the judge's consideration under statements as to the deponent's opinion."
In granting an order of certiorari quashing a retention order, the Court refused to order the Crown to return the evidence to the accused because there was evidence that it was required for a pending prosecution.