R. v. Lee et al.

R. v. Lee et al.

On review the court declined to quash authorization P45/99 as against See Chun Lee and Gou Din Ho because, viewed in the totality of the circumstances (informant detail despite some contradictions and terminations, corroborating surveillance, intercepted communications about money/exchange, bank transfer capacity, and links to a nightclub plausibly used for laundering), an issuing judge could reasonably have concluded there was a credible probability of ongoing heroin importation and distribution justifying interception; although one transaction was more plausibly linked to illegal alien smuggling, that did not vitiate the overall basis for the authorization.

Citation
2002 BCSC 260
Parties
Crown: Her Majesty the Queen; Accused: See Chun Lee; Accused: Gou Din Ho; Accused: Chuk Fong Tao; Accused: Wei Bo Chen; Accused: Chak Nam Chan; Accused: Siu Wan Chau; Accused: Cheung Hung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 February 2002
Procedural Posture
Criminal Challenge to Wiretap/interception Authorization / Voir Dire/review of Authorization P45/99 (application to Quash Authorization)
Outcome
Application to quash authorization P45/99 dismissed; authorization P45/99 upheld as against See Chun Lee and Gou Din Ho
Legal Topics
Informant Reliability, Judicial Review of Authorizations, Section 648 Criminal Code, Reasonable and Probable Grounds
Source Language
English
Criminal Law Evidence Search and Seizure Wiretap/interception Informant Reliability Judicial Review of Authorizations Section 648 Criminal Code Reasonable and Probable Grounds

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

See Chun Lee

Accused

Gou Din Ho

Accused

Chuk Fong Tao

Accused

Wei Bo Chen

Accused

Chak Nam Chan

Accused

Siu Wan Chau

Accused

Cheung Hung

Accused

Procedural Posture

Criminal Challenge to Wiretap/interception Authorization / Voir Dire/review of Authorization P45/99 (application to Quash Authorization)

Legal Issues

  1. 1 Whether informant evidence in the supporting affidavit was sufficiently reliable to establish a credible probability of ongoing heroin importation/distribution
  2. 2 Whether the issuing judge could have reasonably granted authorization P45/99 to intercept private communications of Lee and Ho
  3. 3 Whether particular intercepted communications and surveillance corroborate informant tips

Ratio Decidendi

On review the court declined to quash authorization P45/99 as against See Chun Lee and Gou Din Ho because, viewed in the totality of the circumstances (informant detail despite some contradictions and terminations, corroborating surveillance, intercepted communications about money/exchange, bank transfer capacity, and links to a nightclub plausibly used for laundering), an issuing judge could reasonably have concluded there was a credible probability of ongoing heroin importation and distribution justifying interception; although one transaction was more plausibly linked to illegal alien smuggling, that did not vitiate the overall basis for the authorization.

Court Disposition

Application to quash authorization P45/99 dismissed; authorization P45/99 upheld as against See Chun Lee and Gou Din Ho

Orders

  • Application to quash Authorization P45/99 dismissed
  • Authorization P45/99 maintained/upheld as against See Chun Lee and Gou Din Ho