R. v. Chan

R. v. Chan

On review, the court concluded that authorization P.541 met the statutory requirements of s.186(1); the affidavit contained sufficient, reliable information and was not so misleading or non‑disclosing as to vitiate the authorization, investigative necessity was established on the record, and therefore the authorizing justice could have granted P.541 and the authorization is upheld.

Citation
2001 BCSC 831
Parties
Crown/prosecution: Her Majesty the Queen; Accused: Ho Ming Sammy Chan; Accused: Jose Estrella Morales; Accused: Ken Chan Quoc Tran
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 June 2001
Procedural Posture
Criminal Conspiracy and Drug Trafficking; Voir Dire on Intercepted Communications / Voir Dire on Admissibility of Intercepted Private Communications (pre Trial)
Outcome
Authorization P.541 upheld on review; authorizing justice could have granted the authorization and it meets statutory and Charter requirements
Legal Topics
Wiretap/interception Authorizations, Section 8 Charter (unreasonable Search and Seizure), Section 24(2) Charter (exclusion of Evidence), Investigative Necessity Under S.186(1)(b) Criminal Code, Disclosure Obligations in Ex Parte Warrant/authorization Applications
Source Language
English
Criminal Law Constitutional Law (charter) Evidence Law Search and Seizure Law Wiretap/interception Authorizations Section 8 Charter (unreasonable Search and Seizure) Section 24(2) Charter (exclusion of Evidence) Investigative Necessity Under S.186(1)(b) Criminal Code +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Ho Ming Sammy Chan

Accused

Jose Estrella Morales

Accused

Ken Chan Quoc Tran

Accused

Procedural Posture

Criminal Conspiracy and Drug Trafficking; Voir Dire on Intercepted Communications / Voir Dire on Admissibility of Intercepted Private Communications (pre Trial)

Legal Issues

  1. 1 Whether authorization P.541 satisfied s.186(1) Criminal Code (best interests of administration of justice and investigative necessity)
  2. 2 Whether the affiant failed to make full, fair and frank disclosure or otherwise misled the authorizing justice such that the authorization is invalid
  3. 3 Whether, after expunging any false or misleading material, there remained sufficient evidence to support the authorization

Ratio Decidendi

On review, the court concluded that authorization P.541 met the statutory requirements of s.186(1); the affidavit contained sufficient, reliable information and was not so misleading or non‑disclosing as to vitiate the authorization, investigative necessity was established on the record, and therefore the authorizing justice could have granted P.541 and the authorization is upheld.

Court Disposition

Authorization P.541 upheld on review; authorizing justice could have granted the authorization and it meets statutory and Charter requirements

Orders

  • Authorization P.541 sustained on review
  • Voir dire challenge to admissibility of intercepted communications dismissed as to sufficiency of authorization