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Criminal law 2012 BCSC 1714

R. v. Russell

The court dismissed a challenge to wiretap authorization P66/2007, holding the affidavit did not omit material facts and investigative necessity was shown for the named offences.

  • Investigative necessity
  • Full, fair and frank disclosure
  • Material non-disclosure
  • Affidavit sufficiency
  • Cross-border cooperation
  • Organized crime investigations
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Criminal law 2012 BCSC 2085

R. v. Mastop

The court held that William Mastop was a known person for Part VI purposes and that s. 186(2) did not displace the Chesson test for a practicing solicitor.

  • Part vi authorizations
  • Known person
  • Section 186(2)
  • Solicitor-client privilege
  • Section 8 charter
  • Criminal organization offence
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Criminal law 2012 BCSC 1454

R. v. Russell

Oral ruling on whether the Crown could tender a broad book of police files on voir dire. The court allowed only limited rebuttal materials and rejected wholesale amplification.

  • Amplification of affidavit
  • Known person disclosure
  • Authorization to intercept private communications
  • Admissibility of crown rebuttal evidence
  • Criminal-procedure
  • Evidence-law
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Criminal law 2009 BCSC 92

R. v. Ballantyne

The court excluded disputed wiretap excerpts from a murder trial after finding their prejudicial effect outweighed their probative value and could not be cured by instruction.

  • Admissibility
  • Hearsay exception - admissions
  • Prejudicial vs probative balancing
  • Defence of self-defence/defence of home
  • Hearsay-admissions
  • Prejudicial-vs-probative
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Criminal law 2005 BCSC 861

R. v. Terezakis

The court granted leave to cross-examine selected affiants on investigative necessity for a wiretap authorization, but denied broader cross-examination requests.

  • Investigative necessity
  • Leave to cross-examine
  • Affidavit disclosure
  • Authorization p20
  • Project prism/project ecru
  • Investigative-necessity
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Criminal law 2002 BCSC 1931

R. v. Lee

The court upheld Authorization P37/2000, finding the affidavit and intercepted communications supported a credibly based probability of drug-offence evidence against Ho, and Lee was properly named as a secondary target.

  • Interception authorization
  • Informant reliability
  • Reasonable and probable grounds
  • Drug trafficking
  • Secondary target designation
  • Wiretap-authorization
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Criminal law 2002 BCSC 897

R. v. Chow

The court granted leave in part to cross-examine the affiant on an interception authorization, but refused inquiries into alleged boilerplate drafting.

  • Leave to cross-examine affiant
  • Probable cause
  • Authorization for interception
  • Informant reliability
  • Naming requirement s.185(1)(e) criminal code
  • Abuse of process
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Criminal law 2002 BCSC 260

R. v. Lee et al.

The court upheld wiretap authorization P45/99 against Lee and Ho, finding the informant, surveillance, and intercepted-call evidence sufficient on review.

  • Informant reliability
  • Judicial review of authorizations
  • Section 648 criminal code
  • Reasonable and probable grounds
  • Informant-reliability
  • Wiretap-authorizations
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Criminal law 2002 BCSC 1906

R. v. Lee

The court held that an edited affidavit paragraph did not undermine the validity of interception authorization P54/98, and the earlier ruling upholding it remained in force.

  • Authorization validity
  • Informant reliability
  • Interception warrants
  • Disclosure
  • Right to full answer and defence
  • Criminal-law
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Criminal law 2002 BCSC 15

R. v. Lee et al.

The court upheld wiretap authorization P54/98 for Lee and Ho, holding that the amplified record showed credibly based grounds and admitted the interceptions.

  • Wiretap authorization
  • Informant reliability
  • Reasonable and probable grounds
  • Amplification of affidavit
  • Surveillance corroboration
  • Admissibility of intercepted communications
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