R. v. Sanghera

R. v. Sanghera

Leave to cross-examine the affiant is granted because the court cannot conclude at this stage there is no reasonable likelihood that cross-examination will assist the reviewing judge; leave is limited and conditioned to focus on the affidavit's stated grounds and any material omissions, specifically on reasonable and probable grounds and investigative necessity, with other topics restricted absent further leave.

Citation
2012 BCSC 388
Parties
Crown: Regina; Accused: Boby Barjinder Singh Sanghera; Accused: Navdip Singh Sanghera; Accused: Charanjit Singh Rangi; Accused: Savdip Singh Sanghera; Accused: Jaspreet Singh Virk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 March 2012
Procedural Posture
Criminal Wiretap/authorization Challenge / Voir Dire on Validity of Wiretap Authorization P4/2009 and Application for Leave to Cross Examine Affiant
Outcome
Leave to cross-examine Constable St. Amant granted with specified limits
Legal Topics
Wiretap Authorization, Criminal Code S.186(1), Reasonable and Probable Grounds, Investigative Necessity, Cross Examination of Affiant, Garofoli Review, Charter S.8
Source Language
English
Criminal Law Constitutional Law Evidence Search and Seizure Procedural Law Wiretap Authorization Criminal Code S.186(1) Reasonable and Probable Grounds +4 more

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Parties

Regina

Crown

Boby Barjinder Singh Sanghera

Accused

Navdip Singh Sanghera

Accused

Charanjit Singh Rangi

Accused

Savdip Singh Sanghera

Accused

Jaspreet Singh Virk

Accused

Procedural Posture

Criminal Wiretap/authorization Challenge / Voir Dire on Validity of Wiretap Authorization P4/2009 and Application for Leave to Cross Examine Affiant

Legal Issues

  1. 1 Whether leave should be granted to cross-examine the affiant (Constable St. Amant)
  2. 2 Whether Authorization P4/2009 met s.186(1) preconditions (reasonable and probable grounds that an offence was committed and that the authorization would afford evidence)
  3. 3 Whether investigative necessity was established

Ratio Decidendi

Leave to cross-examine the affiant is granted because the court cannot conclude at this stage there is no reasonable likelihood that cross-examination will assist the reviewing judge; leave is limited and conditioned to focus on the affidavit's stated grounds and any material omissions, specifically on reasonable and probable grounds and investigative necessity, with other topics restricted absent further leave.

Court Disposition

Leave to cross-examine Constable St. Amant granted with specified limits

Orders

  • Cross-examination is limited to matters focused on the affidavit's terms and any material omissions from the affidavit
  • Cross-examination is restricted to issues related to (a) reasonable and probable grounds supporting the authorization and (b) investigative necessity