R. v. Bacon

R. v. Bacon

On the totality of the circumstances the authorizing judge could have been satisfied that reasonable grounds existed: the affidavit supplied detailed, direct information from an identified police agent, included objective corroboration of key elements, disclosed the agent's payments and potential awards, and set out...

Source-derived case information.

Citation
2011 BCSC 1882
Parties
Crown: Regina; Accused: Jarrod Bacon; Accused: Wayne Scott
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 October 2011
Procedural Posture
Criminal Charges of Conspiracy to Traffic and Related Drug Offences / Judicial Review of Wiretap/authorization (challenge to S.184.2 Authorization)
Outcome
Application dismissed; authorization P44/2009 upheld as valid; search and seizure lawful
Legal Topics
Wiretap/interception, Informant/police Agent Reliability, Search and Seizure, Authorizations Under S.184.2 Criminal Code, Reasonable Grounds / Reasonable Probability
Source Language
english
Criminal Law Constitutional Law Evidence Law Wiretap/interception Informant/police Agent Reliability Search and Seizure Authorizations Under S.184.2 Criminal Code Reasonable Grounds / Reasonable Probability

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Parties

Regina

Crown

Jarrod Bacon

Accused

Wayne Scott

Accused

Procedural Posture

Criminal Charges of Conspiracy to Traffic and Related Drug Offences / Judicial Review of Wiretap/authorization (challenge to S.184.2 Authorization)

Legal Issues

  1. 1 Whether the s.184.2 one‑party (participant) interception authorization was supported by reasonable grounds
  2. 2 Whether the affidavit provided sufficient corroboration and reliability evidence concerning the police agent (G.L.)
  3. 3 Whether interception was likely to obtain information relevant to the alleged offences

Ratio Decidendi

On the totality of the circumstances the authorizing judge could have been satisfied that reasonable grounds existed: the affidavit supplied detailed, direct information from an identified police agent, included objective corroboration of key elements, disclosed the agent's payments and potential awards, and set out a strategy linking communications to the alleged offence, so the s.184.2 authorization was valid and the interceptions lawful.

Court Disposition

Application dismissed; authorization P44/2009 upheld as valid; search and seizure lawful

Orders

  • Application dismissed
  • Authorization P44/2009 declared valid and interception lawful