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Appeal dismissed from a conviction for trafficking in MDMA. The Court upheld the wiretap authorization, found no unreasonable verdict, and rejected the reasons challenge.
The trial judge erred as a matter of law by excluding Chung’s testimony and derivative evidence and by misdirecting the jury with a Schell/Paquette instruction that improperly narrowed the basis of liability; those legal errors, taken together, materially affected the acquittal and warrant ordering a new trial, while the reviewing judge’s intrusive de novo approach to the s.186 authorization was itself flawed though not dispositive of the need for retrial.
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The court refused to edit named speaker identifications from transcripts of intercepted calls, holding transcripts are jury aids, not evidence, and that limiting instructions could address prejudice.
The Court of Appeal held that the wiretap authorization was supported by reliable, corroborated information and dismissed the appeal.
The British Columbia Court of Appeal dismissed appeals from murder and conspiracy convictions, upheld the wiretap authorization, and rejected fresh evidence and jury-charge challenges.
The Court of Appeal held that a secretly recorded conversation was intercepted outside the scope of the wiretap authorization and ordered a new trial.
Ruling on a voir dire about interception authorizations: the court held that Charter analysis governs use of intercepted material and excised Liu, Au, and Seto-related interceptions from the December affidavit.
The court ordered limited oral evidence on a Vukelich hearing about wiretap admissibility, finding two witnesses must testify on whether the accused was a “known” person.
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