R. v. Arthur

R. v. Arthur

The application for further disclosure was dismissed because the Crown had disclosed the authorizations, affidavits, intercepted e-mails and surveillance materials relating to Mr. Arthur and the defence failed to show a reasonable possibility that the broader E-Pistology and E-Poem investigative files would assist...

Source-derived case information.

Citation
2012 BCSC 1960
Parties
Prosecutor: Regina; Accused: Robert Charles Arthur
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 November 2012
Procedural Posture
Criminal / Pre Trial Disclosure Application (oral Ruling)
Outcome
Application for further disclosure dismissed
Legal Topics
Disclosure Obligations, Charter S.7, Charter S.8, Charter S.9, Charter S.10, Intercept Authorizations, Reasonable and Probable Grounds for Arrest, Police Investigative Files
Source Language
english
Criminal Law Constitutional Law Evidence Law Search and Seizure Law Wiretap Law Disclosure Obligations Charter S.7 Charter S.8 +5 more

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Parties

Regina

Prosecutor

Robert Charles Arthur

Accused

Procedural Posture

Criminal / Pre Trial Disclosure Application (oral Ruling)

Legal Issues

  1. 1 Whether Crown must disclose full investigative files from Projects E-Pistology and E-Poem to the accused
  2. 2 Whether disclosure provided is sufficient to enable accused to challenge lawfulness of arrest/search
  3. 3 Whether the lawfulness of wiretap authorizations is relevant to review of an arrest based on information derived from interceptions

Ratio Decidendi

The application for further disclosure was dismissed because the Crown had disclosed the authorizations, affidavits, intercepted e-mails and surveillance materials relating to Mr. Arthur and the defence failed to show a reasonable possibility that the broader E-Pistology and E-Poem investigative files would assist in challenging the lawfulness of the arrest; review of arrest lawfulness centers on whether the arresting officer had reasonable and probable grounds rather than scrutinizing the lawfulness of the wiretap authorizations in other investigations.

Court Disposition

Application for further disclosure dismissed

Orders

  • Application for disclosure of E-Poem and E-Pistology investigative files dismissed
  • Crown to have disclosed authorizations, affidavits, intercepted e-mails and surveillance materials relating to the accused