R. v. Lee

R. v. Lee

The totality of the evidence — PIRS/CPIC entries linking the alias 'A Ngau' and Do Kuang Chin to Tao by name, date of birth and address, informant identification of a 1991 booking photograph, travel records showing association with Ho and Lee, and contextual corroboration within intercepted calls including the June...

Source-derived case information.

Citation
2002 BCSC 1932
Parties
Crown: Her Majesty the Queen; Defendant: See Chun Lee; Defendant: Chuk Fong Tao; Defendant: Wei Bo Chen; Defendant: Chak Nam Chan; Defendant: Siu Wah Chau; Defendant: Cheung Hung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2002
Procedural Posture
Criminal Interception/authorization Challenge / Pre Trial Application Challenging Validity of Wiretap Authorization P47/00
Outcome
Application dismissed; authorization P47/00 upheld insofar as it authorizes interception of Tao's private communications
Legal Topics
Intercept Authorization, Reasonable Grounds for Belief, Identity of Speaker in Intercepted Communications, Known Person Requirement Under S.185 Criminal Code, Admissibility of Intercepted Communications
Source Language
english
Criminal Law Search and Seizure Telecommunications Interception Evidence Intercept Authorization Reasonable Grounds for Belief Identity of Speaker in Intercepted Communications Known Person Requirement Under S.185 Criminal Code +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Crown

See Chun Lee

Defendant

Chuk Fong Tao

Defendant

Wei Bo Chen

Defendant

Chak Nam Chan

Defendant

Siu Wah Chau

Defendant

Cheung Hung

Defendant

Procedural Posture

Criminal Interception/authorization Challenge / Pre Trial Application Challenging Validity of Wiretap Authorization P47/00

Legal Issues

  1. 1 Whether the affidavit supporting P47/00 established reasonable grounds to believe interception of Tao's communications would provide evidence of offences under investigation
  2. 2 Whether the intercepted calls and ancillary records provided sufficient basis to identify the person referred to as "Ngau" as Tao
  3. 3 Whether Tao was a "known" person within the meaning of s.185 of the Criminal Code such that he had to be named in the authorization

Ratio Decidendi

The totality of the evidence — PIRS/CPIC entries linking the alias 'A Ngau' and Do Kuang Chin to Tao by name, date of birth and address, informant identification of a 1991 booking photograph, travel records showing association with Ho and Lee, and contextual corroboration within intercepted calls including the June 24th call summarized at paragraph 457 — furnished reasonable grounds for the authorizing judge to conclude the interceptions of Tao's communications would likely afford evidence of the offences; therefore the authorization P47/00 is valid as to Tao.

Court Disposition

Application dismissed; authorization P47/00 upheld insofar as it authorizes interception of Tao's private communications

Orders

  • Declined to declare authorization P47/00 invalid with respect to Tao Chuk Fong
  • Authorization P47/00 remains in force insofar as it applies to Tao