R. v. Lafrance
- Citation
- [1988] 1 SCR 617
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 30 March 1988
- Posture
- Criminal Law / Appeal as of Right (on Appeal From Alberta)
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 30 March 1988
- Posture
- Criminal Law / Appeal as of Right (on Appeal From Alberta)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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 CairnsHer Majesty The Queen
Respondent Counsel: Bruce A. MacFarlane; Donald J. Avison03
Procedural history
Posture
Criminal Law / Appeal as of Right (on Appeal From Alberta)
04
Questions and positions
Legal issues
- 01
Whether the authorization to intercept private communications embraced the manner of interception employed
- 02
Whether the intercepted communications were lawfully obtained and admissible
- 03
Whether the acquittal should be set aside and a new trial ordered
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 30 March 1988
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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