R. v. Cater

R. v. Cater

The authorization for Part VI interceptions was supported by the material before the authorizing justice: the Affidavit was comprehensive, full and frank, did not misrepresent source reliability, and contained independent corroboration (DNR results, surveillance, CDSA search results, database checks) tying the applicant into the investigated network; therefore reasonable grounds existed under Garofoli and there was no s.8 breach requiring exclusion under s.24(2).

Citation
2011 NSPC 89
Parties
Crown: Her Majesty The Queen; Accused / Applicant: Kyle Cater; Accused: Paul Cater; Accused: Torina Lewis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 November 2011
Procedural Posture
Criminal Part VI Interception / Charter S.8 Challenge / Garofoli Review / Pre Trial Admissibility Hearing
Outcome
Garofoli application dismissed; authorization confirmed; intercepted communications not excluded
Legal Topics
Garofoli Review, Part VI Authorization, Section 8 Charter, Section 24(2) Exclusion, Confidential Informants, Dialed Number Recorder Warrants
Source Language
English
Charter Law Criminal Law Search and Seizure Wiretap / Interception Evidence Law Garofoli Review Part VI Authorization Section 8 Charter +3 more

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Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused / Applicant

Paul Cater

Accused

Torina Lewis

Accused

Procedural Posture

Criminal Part VI Interception / Charter S.8 Challenge / Garofoli Review / Pre Trial Admissibility Hearing

Legal Issues

  1. 1 Whether the Part VI interception authorization met the Garofoli test (objective reasonable grounds that an offence was or will be committed and that interception would obtain information)
  2. 2 Whether confidential sources (E, F, V) were reliable enough to support the authorization
  3. 3 Whether material in the Affidavit was misleading or omitted information material to the authorization

Ratio Decidendi

The authorization for Part VI interceptions was supported by the material before the authorizing justice: the Affidavit was comprehensive, full and frank, did not misrepresent source reliability, and contained independent corroboration (DNR results, surveillance, CDSA search results, database checks) tying the applicant into the investigated network; therefore reasonable grounds existed under Garofoli and there was no s.8 breach requiring exclusion under s.24(2).

Court Disposition

Garofoli application dismissed; authorization confirmed; intercepted communications not excluded

Orders

  • The Part VI authorization dated November 18, 2008 is confirmed and the application to exclude evidence under s.24(2) is dismissed