R. v.Stubinski
The blanket recording of all inmate telephone conversations was not authorized by s.43 of the Correctional Act Rules and Regulations; because the Director had no particular basis to believe all calls might disclose a threat the recording was indiscriminate and unreasonable and therefore violated s.8 of the Charter.
- Citation
- 2002 BCSC 613
- Parties
- Crown: Her Majesty the Queen; Accused: David John Stubinski
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 9 April 2002
- Procedural Posture
- Criminal Charter Application / Voir Dire (pre Trial Ruling)
- Outcome
- Section 8 Charter right violated by manner of recording; recordings made indiscriminately and unlawfully.
- Legal Topics
- Section 8 Charter, Search and Seizure, Interception of Communications, Correctional Centre Regulations, Expectation of Privacy
- Source Language
- English
Case Brief
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Parties
Her Majesty the Queen
Crown
David John Stubinski
Accused
Procedural Posture
Criminal Charter Application / Voir Dire (pre Trial Ruling)
Legal Issues
- 1 Whether s.8 of the Charter was violated by recording inmate telephone calls
- 2 Whether inmates retain a reasonable expectation of privacy in telephone calls
- 3 Whether s.43 of the Correctional Act Rules and Regulations authorized blanket recording
Ratio Decidendi
The blanket recording of all inmate telephone conversations was not authorized by s.43 of the Correctional Act Rules and Regulations; because the Director had no particular basis to believe all calls might disclose a threat the recording was indiscriminate and unreasonable and therefore violated s.8 of the Charter.
Court Disposition
Section 8 Charter right violated by manner of recording; recordings made indiscriminately and unlawfully.
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