R. v. Giles

R. v. Giles

Authorization P.1/2005 upheld as to David Francis Giles because, on the Garofoli/Araujo standard, there remained some reasonably believable evidence before the authorizing judge that Giles had committed or was committing the listed offences and that interception of his communications would afford evidence; the informant Plante was a known agent with corroborative indicia and the affidavit errors were minor/inadvertent and did not destroy the basis for issuance.

Citation
2007 BCSC 961
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
13 June 2007
Procedural Posture
Criminal / Wiretap Voir Dire (review of Authorization P.1/2005)
Outcome
Authorization P.1/2005 is valid as it relates to David Francis Giles
Legal Topics
Wiretap Authorization S.186(1)(a) Criminal Code, Informant Reliability (debot/garofoli Principles), S.8 Charter (unreasonable Search), S.24(2) Charter (exclusion of Evidence), Criminal Organization Offences S.467.12(1), Extortion, Conspiracy, Voir Dire Standard of Review (garofoli/araujo)
Source Language
English
Criminal Law Charter Law Search and Seizure Evidence Electronic Surveillance/wiretapping Wiretap Authorization S.186(1)(a) Criminal Code Informant Reliability (debot/garofoli Principles) S.8 Charter (unreasonable Search) +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

David Francis Giles

Accused

David Roger Revell

Accused

Richard Andrew Rempel

Accused

Procedural Posture

Criminal / Wiretap Voir Dire (review of Authorization P.1/2005)

Legal Issues

  1. 1 Whether authorization P.1/2005 was valid as it related to David Francis Giles under s.186(1)(a) of the Criminal Code
  2. 2 Whether the informant/agent Plante's information was sufficiently reliable to provide reasonable and probable grounds to name Giles
  3. 3 Whether errors in the affidavit vitiated the authorization

Ratio Decidendi

Authorization P.1/2005 upheld as to David Francis Giles because, on the Garofoli/Araujo standard, there remained some reasonably believable evidence before the authorizing judge that Giles had committed or was committing the listed offences and that interception of his communications would afford evidence; the informant Plante was a known agent with corroborative indicia and the affidavit errors were minor/inadvertent and did not destroy the basis for issuance.

Court Disposition

Authorization P.1/2005 is valid as it relates to David Francis Giles

Orders

  • Authorization P.1/2005 upheld as to David Francis Giles
  • Publication ban over proceedings remains in effect pursuant to the Court's inherent jurisdiction