R. v. Kang

R. v. Kang

The court refused to order an evidentiary hearing because binding and persuasive authority (McIsaac, Siniscalchi, and the Kang CA Decision) establish that inmate telephone calls recorded by the ICCS do not qualify as "private communications" under s.183 of the Criminal Code; therefore no operational conflict arises...

Source-derived case information.

Citation
2020 BCSC 2058
Parties
Crown: Regina; Intervener: Attorney General of British Columbia; Accused: Jitesh Vagh; Accused: Sameet Kang; Accused: Gary Kang; Accused: Manveer Braich; Accused: Kristoffer Ghuman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 December 2020
Procedural Posture
Criminal Constitutional Division of Powers Challenge / Pre Screening (vukelich) Application to Compel Evidentiary Voir Dire Declined
Outcome
Application for an evidentiary hearing on the Notice of Constitutional Question dismissed/declined
Legal Topics
Division of Powers, Federal Paramountcy, Interception of Communications, Prisoner Privacy, Vukelich Pre Screening
Source Language
english
Constitutional Law Criminal Law Administrative Law Evidence Law Division of Powers Federal Paramountcy Interception of Communications Prisoner Privacy +1 more

Source-derived case record

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Parties

Regina

Crown

Attorney General of British Columbia

Intervener

Jitesh Vagh

Accused

Sameet Kang

Accused

Gary Kang

Accused

Manveer Braich

Accused

Kristoffer Ghuman

Accused

Procedural Posture

Criminal Constitutional Division of Powers Challenge / Pre Screening (vukelich) Application to Compel Evidentiary Voir Dire Declined

Legal Issues

  1. 1 Whether provincial Correction Act provisions authorizing automatic recording of inmate telephone calls conflict operationally with federal Criminal Code Part VI prohibition on intercepting private communications
  2. 2 Whether inmate telephone communications constitute "private communications" under s.183 of the Criminal Code
  3. 3 Whether the applicant met the Vukelich threshold to justify an evidentiary voir dire on the constitutional question

Ratio Decidendi

The court refused to order an evidentiary hearing because binding and persuasive authority (McIsaac, Siniscalchi, and the Kang CA Decision) establish that inmate telephone calls recorded by the ICCS do not qualify as "private communications" under s.183 of the Criminal Code; therefore no operational conflict arises between the provincial Correction Act provisions and federal Part VI and the Vukelich threshold for a voir dire was not satisfied.

Court Disposition

Application for an evidentiary hearing on the Notice of Constitutional Question dismissed/declined

Orders

  • Declined to order an evidentiary hearing on the constitutional question raised by the accused
  • No further relief granted at this stage regarding the constitutional challenge