R. v. Taylor

R. v. Taylor

The Supreme Court dismissed the appellant's appeal, substantially agreeing with the British Columbia Court of Appeal that the trial judge erred in finding the interception unlawful where it was subject to judicial authorization; therefore the exclusion of the evidence was incorrect and a new trial was properly ordered.

Source-derived case information.

Citation
[1998] 1 SCR 26
Parties
Appellant/accused: Stephen David Taylor; Respondent: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 January 1998
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal; Judgment on Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Interception of Private Communications, Electronic Surveillance, Judicial Authorization, Exclusion of Evidence
Source Language
english
Criminal Law Evidence Surveillance Interception of Private Communications Electronic Surveillance Judicial Authorization Exclusion of Evidence

Source-derived case record

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Parties

Stephen David Taylor

Appellant/accused

Her Majesty The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal; Judgment on Appeal Dismissed

Legal Issues

  1. 1 Whether electronic interception of private communications was unlawful
  2. 2 Whether the trial judge erred in excluding evidence obtained by electronic surveillance
  3. 3 Whether the Court of Appeal correctly allowed the Crown's appeal and ordered a new trial

Ratio Decidendi

The Supreme Court dismissed the appellant's appeal, substantially agreeing with the British Columbia Court of Appeal that the trial judge erred in finding the interception unlawful where it was subject to judicial authorization; therefore the exclusion of the evidence was incorrect and a new trial was properly ordered.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed by the Supreme Court of Canada
  • New trial ordered in accordance with the decision of the British Columbia Court of Appeal