R. v. Kang

R. v. Kang

The application is dismissed because the proper analytical framework for a challenge to legislation authorizing recording of inmate calls is s.8 (reasonableness of search/seizure); the impugned provisions were previously found reasonable under s.8 and s.7 affords no greater protection in this context; moreover the provisions are administrative and do not engage s.7 liberty interests as they do not expose the applicant to conviction or imprisonment.

Citation
2021 BCSC 209
Parties
Prosecutor: Regina; Intervener: Attorney General of British Columbia; Applicant: Kyle Latimer; Accused: Sameet (Sam) Kang; Accused: Gary Kang; Accused: Manveer Braich; Accused: Kristoffer Ghuman; Accused: Jitesh Vagh; Accused: Gurcharn Singh Kang; Accused: Mohanbir Kaur Kang; Accused: Craig Latimer; Accused: Jacob Pereira; Accused: Anduele Pikientio; Accused: Csongor Szucs; Accused: Pashminder Bopari
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 February 2021
Procedural Posture
Criminal Constitutional Challenge to Correction Act Provisions / Pre Trial Application (reasons for Judgment on Joint Hearing #4)
Outcome
application dismissed
Legal Topics
Charter S.7, Charter S.8, Search and Seizure, Overbreadth, Arbitrariness, Inmate Communications, Retention of Records
Source Language
English
Criminal Law Constitutional Law Corrections/regulatory Law Charter S.7 Charter S.8 Search and Seizure Overbreadth Arbitrariness +2 more

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Parties

Regina

Prosecutor

Attorney General of British Columbia

Intervener

Kyle Latimer

Applicant

Sameet (Sam) Kang

Accused

Gary Kang

Accused

Manveer Braich

Accused

Kristoffer Ghuman

Accused

Jitesh Vagh

Accused

Gurcharn Singh Kang

Accused

Mohanbir Kaur Kang

Accused

Craig Latimer

Accused

Jacob Pereira

Accused

Anduele Pikientio

Accused

Csongor Szucs

Accused

Pashminder Bopari

Accused

Procedural Posture

Criminal Constitutional Challenge to Correction Act Provisions / Pre Trial Application (reasons for Judgment on Joint Hearing #4)

Legal Issues

  1. 1 Whether the impugned provisions of the Correction Act and Correction Act Regulation are overbroad or arbitrary under s.7 of the Charter
  2. 2 Whether the constitutional analysis should be conducted under s.7 or s.8
  3. 3 Whether the applicant has standing and whether s.7 life, liberty or security interests are engaged

Ratio Decidendi

The application is dismissed because the proper analytical framework for a challenge to legislation authorizing recording of inmate calls is s.8 (reasonableness of search/seizure); the impugned provisions were previously found reasonable under s.8 and s.7 affords no greater protection in this context; moreover the provisions are administrative and do not engage s.7 liberty interests as they do not expose the applicant to conviction or imprisonment.

Court Disposition

application dismissed

Orders

  • Application #13 dismissed
  • No declaration of invalidity of s.19 of the Correction Act S.B.C. 2004 c.46 or s.14 of the Correction Act Regulation B.C. Reg. 58/2005