R. v. Ali

R. v. Ali

After amplifying the record to include undisclosed problems with the police agent and the live-monitoring, the court found those deficiencies resulted from negligence but did not eliminate reasonable and probable grounds that interception would afford evidence of the charged offences; accordingly Authorization P3/2009 could have been granted on the amplified record and the application to set it aside was denied.

Citation
2014 BCSC 2417
Parties
Crown: Regina; Accused: Aram Ali
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 December 2014
Procedural Posture
Criminal Review of Wiretap Authorization / Garofoli Review / Ruling on Application to Set Aside Authorization P3/2009
Outcome
Application to set aside wiretap authorization P3/2009 denied
Legal Topics
Wiretap Authorization, Garofoli Review, Live Monitoring, Judicial Disclosure Obligations, Criminal Code S.184.1, Subversion of Authorization Process
Source Language
English
Criminal Law Constitutional Law Evidence Privacy Law Wiretap Authorization Garofoli Review Live Monitoring Judicial Disclosure Obligations +2 more

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Parties

Regina

Crown

Aram Ali

Accused

Procedural Posture

Criminal Review of Wiretap Authorization / Garofoli Review / Ruling on Application to Set Aside Authorization P3/2009

Legal Issues

  1. 1 Whether the supporting affidavit disclosed reasonable and probable grounds that interception would afford evidence
  2. 2 Whether material non-disclosure concerning a police agent and live-monitoring vitiated the authorization
  3. 3 Whether live-monitoring was lawful under s.184.1 of the Criminal Code

Ratio Decidendi

After amplifying the record to include undisclosed problems with the police agent and the live-monitoring, the court found those deficiencies resulted from negligence but did not eliminate reasonable and probable grounds that interception would afford evidence of the charged offences; accordingly Authorization P3/2009 could have been granted on the amplified record and the application to set it aside was denied.

Court Disposition

Application to set aside wiretap authorization P3/2009 denied

Orders

  • Authorization P3/2009 upheld; application to set aside denied