R. v. Martin

R. v. Martin

On the balance of probabilities the Crown provided reasonable notice under s.189(5) because transcripts and lists were disclosed to the accused's prior counsel, admissions and repeated pre-trial conferences demonstrated receipt and opportunity to prepare; any minor deficiency in identifying the place of some cellular calls was an irregularity that did not prejudice the accused and did not require exclusion of the calls.

Citation
2007 BCSC 627
Parties
Crown: Regina; Accused: Colin Hugh Martin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 May 2007
Procedural Posture
Criminal / Trial (jury) — Pre Trial Voir Dire and Ruling on Admissibility of Intercepted Communications Under S.189(5) Criminal Code
Outcome
Application to exclude intercepted telephone communications dismissed; challenged intercepted calls admitted into evidence.
Legal Topics
Section 189(5) Criminal Code, Notice of Intercepted Communications, Admissibility of Intercepted Telephone Conversations, Location Evidence for Cellular Calls
Source Language
English
Criminal Law Evidence Surveillance/wiretap Law Section 189(5) Criminal Code Notice of Intercepted Communications Admissibility of Intercepted Telephone Conversations Location Evidence for Cellular Calls

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Parties

Regina

Crown

Colin Hugh Martin

Accused

Procedural Posture

Criminal / Trial (jury) — Pre Trial Voir Dire and Ruling on Admissibility of Intercepted Communications Under S.189(5) Criminal Code

Legal Issues

  1. 1 Whether Crown gave reasonable notice under s.189(5) of the Criminal Code
  2. 2 Whether notification of place of cellular calls was adequate
  3. 3 Whether any deficiency in notice prejudiced the accused's defence

Ratio Decidendi

On the balance of probabilities the Crown provided reasonable notice under s.189(5) because transcripts and lists were disclosed to the accused's prior counsel, admissions and repeated pre-trial conferences demonstrated receipt and opportunity to prepare; any minor deficiency in identifying the place of some cellular calls was an irregularity that did not prejudice the accused and did not require exclusion of the calls.

Court Disposition

Application to exclude intercepted telephone communications dismissed; challenged intercepted calls admitted into evidence.

Orders

  • Find that Crown provided reasonable notice pursuant to s.189(5) of the Criminal Code on a balance of probabilities.
  • Admit the intercepted telephone communications identified by Crown (including the reduced list ultimately tendered at trial); no exclusion for alleged place identification irregularity.