R. v. Wong

R. v. Wong

Although the ITO contained drafting flaws, redactions and some stale or imprecise material, the remaining corroborated, objectively discernible information (CI identification of the suspect as a meth cook, matching subscriber and registration data, surveillance observations and the accused's prior drug conviction) satisfied the 'reasonable suspicion' standard under s. 492.1 such that the issuing judicial justice could properly authorize the tracking warrant; accordingly the warrant is valid and evidence from it is admissible.

Citation
2017 BCSC 91
Parties
Crown: Regina; Accused: Shu Tshung (Richard) Wong; Accused: Lena Truong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 January 2017
Procedural Posture
Criminal Charter and Warrant Challenge / Voir Dire #2 (tracking Warrant Challenge)
Outcome
Tracking warrant upheld; application to exclude evidence related to the tracking warrant dismissed
Legal Topics
Tracking Device Warrant, Reasonable Suspicion Standard, Confidential Informant Reliability, ITO Sufficiency, Exclusion of Evidence
Source Language
English
Criminal Law Search and Seizure Constitutional Law Charter Evidence Controlled Drugs and Substances Act Tracking Device Warrant Reasonable Suspicion Standard Confidential Informant Reliability +2 more

Case Brief

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Parties

Regina

Crown

Shu Tshung (Richard) Wong

Accused

Lena Truong

Accused

Procedural Posture

Criminal Charter and Warrant Challenge / Voir Dire #2 (tracking Warrant Challenge)

Legal Issues

  1. 1 Whether the Information to Obtain (ITO) disclosed reasonable grounds to suspect an offence under s. 492.1 of the Criminal Code
  2. 2 Whether tracking the vehicle would assist the investigation
  3. 3 Whether errors, redactions and stale or uncorroborated information in the ITO require excision or warrant invalidation

Ratio Decidendi

Although the ITO contained drafting flaws, redactions and some stale or imprecise material, the remaining corroborated, objectively discernible information (CI identification of the suspect as a meth cook, matching subscriber and registration data, surveillance observations and the accused's prior drug conviction) satisfied the 'reasonable suspicion' standard under s. 492.1 such that the issuing judicial justice could properly authorize the tracking warrant; accordingly the warrant is valid and evidence from it is admissible.

Court Disposition

Tracking warrant upheld; application to exclude evidence related to the tracking warrant dismissed

Orders

  • Validity of the April 20, 2012 tracking warrant affirmed
  • Application by accused Wong to exclude evidence obtained pursuant to the tracking warrant dismissed