R. v. Giles

R. v. Giles

P.3 was valid as to Giles because the combined affidavits and intercepted communications provided reasonable and probable grounds under s.186(1) that interception of Giles's private communications would afford evidence of offences including instructing an assault and offences committed for or in association with a criminal organization (EEHA); alleged affidavit errors were not material to vitiate the authorization.

Citation
2007 BCSC 1045
Parties
Crown: Regina; Accused: David Francis Giles; Accused: David Roger Revell; Accused: Richard Andrew Rempel
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2007
Procedural Posture
Criminal Wiretap Authorization Review / Voir Dire Authorization Validity Ruling (pre Trial)
Outcome
Authorization P.3 upheld as valid as to David Francis Giles
Legal Topics
Wiretap Authorization, Criminal Organization Offences (ss.467.12 467.13), Reasonable and Probable Grounds (s.186(1) Criminal Code), Affidavit Materiality and Errors, Definition of Criminal Organization (s.467.1)
Source Language
English
Criminal Law Wiretap/interception Evidence Organized Crime Law Search and Seizure/evidence Law Wiretap Authorization Criminal Organization Offences (ss.467.12 467.13) Reasonable and Probable Grounds (s.186(1) Criminal Code) Affidavit Materiality and Errors +1 more

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Parties

Regina

Crown

David Francis Giles

Accused

David Roger Revell

Accused

Richard Andrew Rempel

Accused

Procedural Posture

Criminal Wiretap Authorization Review / Voir Dire Authorization Validity Ruling (pre Trial)

Legal Issues

  1. 1 Whether authorization P.3 was valid as to David Francis Giles
  2. 2 Whether the affidavit provided reasonable and probable grounds under s.186(1) to believe interceptions would afford evidence of listed offences
  3. 3 Whether mere membership or knowledge of an organization suffices to authorize interception

Ratio Decidendi

P.3 was valid as to Giles because the combined affidavits and intercepted communications provided reasonable and probable grounds under s.186(1) that interception of Giles's private communications would afford evidence of offences including instructing an assault and offences committed for or in association with a criminal organization (EEHA); alleged affidavit errors were not material to vitiate the authorization.

Court Disposition

Authorization P.3 upheld as valid as to David Francis Giles

Orders

  • P.3 authorization validated as to David Francis Giles
  • Ban on publication of any and all within proceedings, including voir dire and trial proceedings, until lifted by the court