Canada Judgment

Supreme Court of Canada

R. v. Lafrance

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Source document

01

Holding and result

The Supreme Court dismissed the appeal, endorsing the Alberta Court of Appeal's conclusion that the interception authorization encompassed the manner of interception employed, rendering the intercepted communications lawfully obtained and admissible and justifying setting aside the acquittal and ordering a new trial.

Court disposition

Appeal dismissed; decision of the Alberta Court of Appeal setting aside the acquittal and ordering a new trial is upheld.

Orders

  • Appeal dismissed.
  • Order of the Alberta Court of Appeal setting aside the acquittal and ordering a new trial is upheld.

02

Material facts

Parties

Martin Gerard Lafrance

Appellant Counsel: Richard Cairns

Her Majesty The Queen

Respondent Counsel: Bruce A. MacFarlane; Donald J. Avison

03

Procedural history

  1. Posture

    Criminal Law / Appeal as of Right (on Appeal From Alberta)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted that the warrant/authorization did not extend to the manner in which communications were intercepted and that the interception was therefore unlawful and the evidence inadmissible, so the acquittal should stand.
Respondent
Crown maintained that the authorization did encompass the manner of interception employed, that the intercepted communications were lawfully obtained and admissible, and that the Court of Appeal was correct to set aside the acquittal and order a new trial.

05

Court’s reasoning

  1. 01

    Alberta Court of Appeal reasons affirmed by the Supreme Court in R. v. Lafrance, [1988] 1 S.C.R. 617

    Authorization for interception must be interpreted to determine whether the method of interception used falls within its scope.

  2. 02

    Alberta Court of Appeal reasons affirmed by the Supreme Court in R. v. Lafrance, [1988] 1 S.C.R. 617

    If interception is authorized and lawful, the resulting communications may be admissible and appellate courts may order a new trial where appropriate.

06

Ratio, limits and disposition

Ratio decidendi

The Supreme Court dismissed the appeal, endorsing the Alberta Court of Appeal's conclusion that the interception authorization encompassed the manner of interception employed, rendering the intercepted communications lawfully obtained and admissible and justifying setting aside the acquittal and ordering a new trial.

Court disposition

Appeal dismissed; decision of the Alberta Court of Appeal setting aside the acquittal and ordering a new trial is upheld.

  • Appeal dismissed.
  • Order of the Alberta Court of Appeal setting aside the acquittal and ordering a new trial is upheld.

Source and reliance status

Supreme Court of Canada · 30 March 1988

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 30 March 1988

[1988] 1 SCR 617

R. v. Lafrance Collection Supreme Court Judgments Date 1988-03-30 Report [1988] 1 SCR 617 Case number 20294 Judges Estey, Willard Zebedee; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; L'Heureux-Dubé, Claire On appeal from Alberta Subjects Criminal law Notes SCC Case Information: 20294 Decision Content r. v. lafrance, [1988] 1 S.C.R. 617 Martin Gerard Lafrance Appellant v. Her Majesty The Queen Respondent indexed as: r. v. lafrance File No.: 20294. 1988: March 30. Present: Estey, Lamer, Wilson, Le Dain and L'Heureux‑Dubé JJ. on appeal from the court of appeal for alberta Criminal law ‑‑ Appeal as of right ‑‑ Interception of communications ‑‑ Authorization to intercept private communications ‑‑ Whether authorization embraced manner of interception employed. APPEAL from a judgment of the Alberta Court of Appeal, rendered on December 2, 1986, setting aside an acquittal on a charge of conspiracy to traffic in a narcotic and ordering a new trial. Appeal dismissed. Richard Cairns, for the appellant. Bruce A. MacFarlane, Q.C., and Donald J. Avison, for the respondent. The judgment of the Court was delivered orally by 1. Estey J.‑‑We are all of the view that this appeal should be dismissed for the reasons given by the Court of Appeal of Alberta. Judgment accordingly. Solicitors for the appellant: Starr, Cairns, Calgary. Solicitor for the respondent: Frank Iacobucci, Ottawa.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Lafrance, [1988] 1 S.C.R. 617

Case cited

R. v. Lafrance (Alberta Court of Appeal, Dec. 2, 1986)

Case cited

Criminal Code (R.S.C., 1985, c. C-46) - provisions on interception of communications

Legislation

Legislation referenced in the available case record.

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