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The court held the accused lacked a reasonable expectation of privacy in intercepted ransom calls, so s. 8 was not engaged and the Charter challenge failed.
The court granted limited leave to cross-examine Sgt. Kim on why he omitted a police-issued BlackBerry from his affidavit supporting a wiretap authorization.
The court allowed evidence intended to help correct or fill gaps in intercepted-communication transcripts, holding its weight would be assessed later at trial.
Oral ruling on a Vukelich application limiting the scope of a voir dire on intercepted calls, including issues under s. 184.4, s. 184.4(c), voice identification, and s. 24(2).
The court ruled on an application to exclude or edit intercepted private communications, admitting most calls as relevant while excluding calls 231 and 232 and parts of calls 52, 56, 60 and 75.
Pre-trial voir dire on editing police statements and intercepted calls in a murder case. The court admitted much of the material, but ordered specific excisions.
The court refused a defence request for a voir dire and cross-examination of the affiant, finding no sufficient basis to show the wiretap affidavit was knowingly misleading.
The Supreme Court of Canada dismissed the appeal and upheld the Alberta Court of Appeal’s order for a new trial in a criminal interception-of-communications case.
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