R. v. Fehr

R. v. Fehr

On the material before the court the authorizations P.38 and P.48 met the statutory requirements of s.186; the affidavits provided reasonable and probable grounds based on undercover buys, surveillance, prior interceptions and informant information, and identified deficiencies were not fatal to the validity of the orders.

Citation
2000 BCSC 1678
Parties
Crown: Her Majesty the Queen; Accused: Allen Fehr; Accused: Eugenio Pugliese
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2000
Procedural Posture
Criminal Wiretap Authorization Review / Voir Dire (admissibility)
Outcome
Authorizations P.38 and P.48 upheld as lawful
Legal Topics
Interception of Private Communications, Section 186 Criminal Code, Informant Reliability, Surveillance, Border Searches, Warrantless Searches, Investigative Necessity, Admissibility of Evidence
Source Language
English
Criminal Law Search and Seizure Wiretap/telephone Interception Evidence Procedural Law Interception of Private Communications Section 186 Criminal Code Informant Reliability +5 more

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Parties

Her Majesty the Queen

Crown

Allen Fehr

Accused

Eugenio Pugliese

Accused

Procedural Posture

Criminal Wiretap Authorization Review / Voir Dire (admissibility)

Legal Issues

  1. 1 Whether authorizations P.38 and P.48 met s.186 Criminal Code requirements
  2. 2 Whether affidavits provided sufficient particulars of alleged offences
  3. 3 Whether there was a factual basis for alleging particular controlled substances

Ratio Decidendi

On the material before the court the authorizations P.38 and P.48 met the statutory requirements of s.186; the affidavits provided reasonable and probable grounds based on undercover buys, surveillance, prior interceptions and informant information, and identified deficiencies were not fatal to the validity of the orders.

Court Disposition

Authorizations P.38 and P.48 upheld as lawful

Orders

  • Authorizations P.38 and P.48 upheld
  • References to McCormack's gun possession and suggestion he sold 'as much as any biker' struck from the affidavits