R. v. Pilarinos

R. v. Pilarinos

The Crown is permitted to examine the affiant beyond strict re-examination to the extent necessary to address matters the defence raised on cross-examination and to elicit evidence relevant to determining whether there was misleading evidence, material non-disclosure, or deliberate misrepresentation; such...

Source-derived case information.

Citation
2001 BCSC 1844
Parties
Crown: Her Majesty the Queen; Accused: Dimitrios Pilarinos; Accused: Glen David Clark
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 October 2001
Procedural Posture
Criminal Charter S.8 Wiretap Authorization Challenge / Voir Dire / Pre Trial Challenge to Wiretap Authorization; Oral Reasons
Outcome
Crown granted limited permission to examine the affiant beyond strict re-examination subject to defined limits
Legal Topics
Wiretap Authorization, Amplification Vs Excision, Charter S.8, Cross Examination Limits, Prior Authorization, Good Faith Vs Deliberate Misrepresentation
Source Language
english
Criminal Law Constitutional Law Search and Seizure Evidence Law Wiretap Authorization Amplification Vs Excision Charter S.8 Cross Examination Limits +2 more

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Parties

Her Majesty the Queen

Crown

Dimitrios Pilarinos

Accused

Glen David Clark

Accused

Procedural Posture

Criminal Charter S.8 Wiretap Authorization Challenge / Voir Dire / Pre Trial Challenge to Wiretap Authorization; Oral Reasons

Legal Issues

  1. 1 Extent of Crown's right to examine the affiant on a voir dire challenging a wiretap authorization
  2. 2 Whether Crown is limited to re-examination only or may introduce amplification evidence
  3. 3 Scope and limits of amplification and excision when reviewing authorizing judge's record

Ratio Decidendi

The Crown is permitted to examine the affiant beyond strict re-examination to the extent necessary to address matters the defence raised on cross-examination and to elicit evidence relevant to determining whether there was misleading evidence, material non-disclosure, or deliberate misrepresentation; such questioning is subject to relevance, may not cover areas the defence was prohibited from raising, may not be used to circumvent the authorization process, and evidence may be used to excise erroneous material and, if errors were made in good faith, to amplify the record before the authorizing judge.

Court Disposition

Crown granted limited permission to examine the affiant beyond strict re-examination subject to defined limits

Orders

  • Crown may examine Corporal John Taylor on issues raised by the defence that are relevant to the review of the wiretap authorization
  • Crown may elicit evidence to determine whether there was fraud, material non-disclosure, misrepresentation or lack of good faith