HMTQ v. Pilarinos and Clark

HMTQ v. Pilarinos and Clark

The judge held that Associate Chief Justice Dohm had jurisdiction to issue an authorization while physically in Palm Springs because the authorization only authorized interceptions to occur in British Columbia and did not impinge on U.S. sovereignty; the affidavit was properly sworn by a British Columbia-authorized...

Source-derived case information.

Citation
2001 BCSC 1690
Parties
Crown: Her Majesty the Queen; Accused: Dimitrios Pilarinos; Accused: Glen David Clark
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2001
Procedural Posture
Criminal (wiretap/authorization) / Authorization Review (voir Dire)
Outcome
Authorization to intercept private communications upheld; wiretap evidence admissible
Legal Topics
Wiretap Authorization, Jurisdictional Competence, Apprehension of Bias, Affidavit Validity, Informant Reliability, Investigative Necessity, Charter S.8, Criminal Code Ss.185 186
Source Language
english
Criminal Law Evidence Administrative Law Constitutional Law International Law Wiretap Authorization Jurisdictional Competence Apprehension of Bias +5 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 5 Authorities cited 26 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Dimitrios Pilarinos

Accused

Glen David Clark

Accused

Procedural Posture

Criminal (wiretap/authorization) / Authorization Review (voir Dire)

Legal Issues

  1. 1 Whether a provincial superior court judge has jurisdiction to issue a wiretap authorization while physically outside the province
  2. 2 Whether the supporting affidavit sworn in California was valid
  3. 3 Whether the conduct of judge/Crown/police gave rise to a reasonable apprehension of bias

Ratio Decidendi

The judge held that Associate Chief Justice Dohm had jurisdiction to issue an authorization while physically in Palm Springs because the authorization only authorized interceptions to occur in British Columbia and did not impinge on U.S. sovereignty; the affidavit was properly sworn by a British Columbia-authorized commissioner in California; the defence failed to establish a reasonable apprehension of bias given the context and presumption of impartiality; after excising minor inaccuracies and considering the totality of the evidence the affidavit contained sufficient reliable information and corroboration to support reasonable and probable grounds; and investigative necessity was...

Court Disposition

Authorization to intercept private communications upheld; wiretap evidence admissible

Orders

  • Authorization to intercept private communications issued February 14, 1999 is upheld
  • Evidence obtained from the wiretap authorization is admissible at trial