R. v. Nguyen

R. v. Nguyen

Because the interceptions were lawfully made by New Zealand authorities and constitute foreign-obtained evidence, the Charter does not apply to those foreign actions nor to the RCMP's receipt/viewing of the materials in Canada; therefore no reasonable basis exists to order a voir dire and the application is dismissed.

Citation
2016 BCSC 2181
Parties
Crown: Regina; Accused: Quang Dong Nguyen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 November 2016
Procedural Posture
Criminal Indictment (drug and Firearms Offences) / Charter Application Under S.24; Request for Voir Dire
Outcome
Application dismissed
Legal Topics
Charter S.7, Charter S.8, Charter Ss.11(c) and (d), Extraterritorial Application of the Charter, Intercepted Communications, Part VI Criminal Code Authorization, Comity Between States
Source Language
English
Criminal Law Evidence Constitutional Law Search and Seizure International Mutual Assistance Charter S.7 Charter S.8 Charter Ss.11(c) and (d) +4 more

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Parties

Regina

Crown

Quang Dong Nguyen

Accused

Procedural Posture

Criminal Indictment (drug and Firearms Offences) / Charter Application Under S.24; Request for Voir Dire

Legal Issues

  1. 1 Whether the Canadian Charter applies to foreign interceptions made by New Zealand police and shared with RCMP
  2. 2 Whether viewing or receiving foreign-obtained intercepted communications in Canada constitutes an 'intercept' under s.183 of the Criminal Code engaging s.8 Charter protection
  3. 3 Whether there is a reasonable basis to order a voir dire to determine Charter breaches

Ratio Decidendi

Because the interceptions were lawfully made by New Zealand authorities and constitute foreign-obtained evidence, the Charter does not apply to those foreign actions nor to the RCMP's receipt/viewing of the materials in Canada; therefore no reasonable basis exists to order a voir dire and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • The application for a voir dire under s.24 of the Charter is dismissed
  • No voir dire ordered to determine Charter breaches arising from New Zealand interceptions