R. v. Fraser

R. v. Fraser

Although the affidavit contained sufficient reliable information to support reasonable and probable grounds to intercept Herrick and to treat Fraser as a secondary target, the redacted affidavit failed to establish investigative necessity because it contained only bald conclusions that undercover operators would be unlikely to succeed without factual basis; on that deficiency the authorizing judge could not properly have granted authorization and the authorization must be set aside.

Citation
2010 BCSC 344
Parties
Crown: Regina; Accused: Thomas Donald Fraser; Accused: Jason Jonathon Herrick; Accused: Margo Victoria Safadi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 March 2010
Procedural Posture
Criminal Challenge to Wiretap Authorization / Voir Dire / Ruling on Application to Quash Authorization
Outcome
Authorization P34/2006 set aside
Legal Topics
Wiretap Authorization, Investigative Necessity, Reasonable and Probable Grounds, Confidential Informants, Minimization of Interception, Future Offences
Source Language
English
Criminal Law Charter S.8 Evidence Search and Seizure Electronic Surveillance/wiretaps Wiretap Authorization Investigative Necessity Reasonable and Probable Grounds +3 more

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Parties

Regina

Crown

Thomas Donald Fraser

Accused

Jason Jonathon Herrick

Accused

Margo Victoria Safadi

Accused

Procedural Posture

Criminal Challenge to Wiretap Authorization / Voir Dire / Ruling on Application to Quash Authorization

Legal Issues

  1. 1 Whether authorization P34/2006 was valid
  2. 2 Whether reasonable and probable grounds existed to intercept communications of primary and secondary targets
  3. 3 Whether investigative necessity under s.186(1)(b) of the Criminal Code was established

Ratio Decidendi

Although the affidavit contained sufficient reliable information to support reasonable and probable grounds to intercept Herrick and to treat Fraser as a secondary target, the redacted affidavit failed to establish investigative necessity because it contained only bald conclusions that undercover operators would be unlikely to succeed without factual basis; on that deficiency the authorizing judge could not properly have granted authorization and the authorization must be set aside.

Court Disposition

Authorization P34/2006 set aside

Orders

  • Authorization P34/2006 set aside