R. v. Lee et al.

R. v. Lee et al.

Viewed in its totality the edited affidavit contained informant information corroborated by intercepted communications and surveillance sufficient to establish a credibly based probability of an inchoate/ prospective offence (importation/distribution of ecstasy) and a nexus to the interceptions sought; accordingly the authorizing judge could properly issue authorization P21/00 and the motion to set it aside fails.

Citation
2002 BCSC 1487
Parties
Crown: Her Majesty the Queen; Accused: See Chun Lee; Accused: Gou Din Ho; Accused: Chuk Fong Tao; Accused: Wei Bo Chen; Accused: Chak Nam Chan; Accused: Siu Wan Chau; Accused: Cheung Hung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2002
Procedural Posture
Criminal (authorization to Intercept Under Part VI of the Criminal Code) / Voir Dire/authorization Validity Hearing (pre Trial)
Outcome
Application to set aside authorization P21/00 dismissed; authorization upheld as valid.
Legal Topics
Wiretap/authorization Under Part VI, Credibly Based Probability/standard for Authorization, Informant Reliability and Hearsay, Prospective/inchoate Offences, Nexus Between Interception and Specified Offence
Source Language
English
Criminal Law Evidence Search and Seizure/charter S.8 Privacy/wiretaps Immigration Law Controlled Drugs and Substances Act Offences Wiretap/authorization Under Part VI Credibly Based Probability/standard for Authorization +3 more

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Parties

Her Majesty the Queen

Crown

See Chun Lee

Accused

Gou Din Ho

Accused

Chuk Fong Tao

Accused

Wei Bo Chen

Accused

Chak Nam Chan

Accused

Siu Wan Chau

Accused

Cheung Hung

Accused

Procedural Posture

Criminal (authorization to Intercept Under Part VI of the Criminal Code) / Voir Dire/authorization Validity Hearing (pre Trial)

Legal Issues

  1. 1 Validity of authorization P21/00 to intercept private communications
  2. 2 Proper standard for issuing interceptions (credibly based probability v. balance of probabilities)
  3. 3 Whether edited affidavit provided particulars and reasonable/probable grounds for a specific prospective offence

Ratio Decidendi

Viewed in its totality the edited affidavit contained informant information corroborated by intercepted communications and surveillance sufficient to establish a credibly based probability of an inchoate/ prospective offence (importation/distribution of ecstasy) and a nexus to the interceptions sought; accordingly the authorizing judge could properly issue authorization P21/00 and the motion to set it aside fails.

Court Disposition

Application to set aside authorization P21/00 dismissed; authorization upheld as valid.

Orders

  • Authorization P21/00 declared valid and maintained
  • Motion to set aside authorization P21/00 dismissed