R. v. Sanghera

R. v. Sanghera

Leave to cross-examine the sub-affiants was denied because there was no reasonable likelihood that the proposed cross-examination would assist determination of issues relevant to the authorization review: the omissions at issue had already been revealed through cross-examination of the affiant, the Garofoli framework addresses affidavit omissions, further inquiry would be fishing, and investigative necessity could be assessed through the affidavit and existing cross-examination.

Citation
2012 BCSC 992
Parties
Crown: Regina; Accused: Boby a.k.a. Bobby Barjinder Singh Sanghera; Accused: Navdip Singh Sanghera; Accused: Charanjit Singh Rangi; Accused: Savdip Singh Sanghera; Accused: Jaspreet Singh Virk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 March 2012
Procedural Posture
Criminal Wiretap Authorization Review / Voir Dire Application to Cross Examine Sub Affiants
Outcome
Leave to cross-examine denied
Legal Topics
Wiretap Authorization, Garofoli Review, Cross Examination Leave, Affidavit Omissions, Investigative Necessity, Confidential Informants
Source Language
English
Criminal Law Evidence Search and Seizure Wiretap Law Wiretap Authorization Garofoli Review Cross Examination Leave Affidavit Omissions +2 more

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Parties

Regina

Crown

Boby a.k.a. Bobby Barjinder Singh Sanghera

Accused

Navdip Singh Sanghera

Accused

Charanjit Singh Rangi

Accused

Savdip Singh Sanghera

Accused

Jaspreet Singh Virk

Accused

Procedural Posture

Criminal Wiretap Authorization Review / Voir Dire Application to Cross Examine Sub Affiants

Legal Issues

  1. 1 Whether leave should be granted to cross-examine sub-affiants to the wiretap authorization affidavit
  2. 2 Whether the proposed cross-examination would assist determination of issues relevant to the judicial review of the authorization
  3. 3 Whether omissions from the affidavit indicate an abuse or subversion of the authorization process

Ratio Decidendi

Leave to cross-examine the sub-affiants was denied because there was no reasonable likelihood that the proposed cross-examination would assist determination of issues relevant to the authorization review: the omissions at issue had already been revealed through cross-examination of the affiant, the Garofoli framework addresses affidavit omissions, further inquiry would be fishing, and investigative necessity could be assessed through the affidavit and existing cross-examination.

Court Disposition

Leave to cross-examine denied

Orders

  • Leave to cross-examine sub-affiants Sgt. Weidman and Det. Cst. Richards is denied.