R. v. Nguyen et al

R. v. Nguyen et al

The wiretap authorization is set aside because, after excising material that was irrelevant or tainted and considering the voir dire evidence, the remaining evidence (including confidential informant tips and surveillance) was insufficient and unreliable to establish reasonable and probable grounds that Thanh Van Nguyen was committing the alleged trafficking offences, and the Crown failed to establish investigative necessity (no reasonable alternatives) for electronic surveillance; the search therefore violated s.8.

Citation
2004 BCSC 209
Parties
Crown: Regina; Accused: Thanh Van Nguyen; Accused: Loi Van Nguyen; Accused: My Phuong Cao; Accused: Chung Sze Trieu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 January 2004
Procedural Posture
Criminal Conspiracy to Traffic in Cocaine and Heroin / Voir Dire (admissibility of Wiretap Evidence)
Outcome
Wiretap authorization set aside; search found unreasonable and in violation of s.8 Charter rights
Legal Topics
Wiretap Authorization, Reasonable and Probable Grounds, Investigative Necessity, Confidential Informants, S.24(2) Exclusion, Material Non Disclosure
Source Language
English
Criminal Law Charter (section 8) Search and Seizure Evidence Electronic Surveillance/wiretap Wiretap Authorization Reasonable and Probable Grounds Investigative Necessity +3 more

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Parties

Regina

Crown

Thanh Van Nguyen

Accused

Loi Van Nguyen

Accused

My Phuong Cao

Accused

Chung Sze Trieu

Accused

Procedural Posture

Criminal Conspiracy to Traffic in Cocaine and Heroin / Voir Dire (admissibility of Wiretap Evidence)

Legal Issues

  1. 1 Whether statutory prerequisites for wiretap admissibility were met
  2. 2 Whether the author's affidavit contained material that must be excised for being false, irrelevant, obtained in breach of s.8 or previously excluded under s.24(2)
  3. 3 Whether remaining evidence provided reasonable and probable grounds that Thanh Van Nguyen was committing trafficking offences

Ratio Decidendi

The wiretap authorization is set aside because, after excising material that was irrelevant or tainted and considering the voir dire evidence, the remaining evidence (including confidential informant tips and surveillance) was insufficient and unreliable to establish reasonable and probable grounds that Thanh Van Nguyen was committing the alleged trafficking offences, and the Crown failed to establish investigative necessity (no reasonable alternatives) for electronic surveillance; the search therefore violated s.8.

Court Disposition

Wiretap authorization set aside; search found unreasonable and in violation of s.8 Charter rights

Orders

  • Excise paragraphs 14,15,24,25,28(a),28(c),31-36,89,90,97(b)(ii),97(b)(vii),102(b),102(c) and letters A and F in 97(c)(i) from the affidavit as identified in the ruling
  • Amend paragraph 48(a) to read: "Fingerprints were located on a piece of cut paper, which the police investigators believed was intended for use as packaging material for cocaine."