The judgment of Dickson CJ and Le-mair CJ and La Foray, Sopinka and Gonthier JJ
Preamble – (0:00:40)
Facts – (0:01:24)
Courts Below – (0:06:35)
Court of Appeal – (0:06:36)
Martin JA, Cory JA Concurring – (0:06:38)
Finlayson JA (Concurring) – (0:17:00)
Relevant Legislation – (0:18:09)
Points in Issue – (0:31:19)
1. What is the entitlement of an accused person to the sealed packet? – (0:32:27)
2. Upon what grounds may an accused challenge an authorization for wiretap and before what court? – (0:32:59)
Minimum Statutory and Constitutional Requirements – (0:33:06)
Challenging the Authorization – (0:36:41)
Grounds for Review – (0:49:24)
3. What remedy is appropriate? – (0:52:18)
4. What special requirements apply when information from informants is relied on to obtain an authorization? – (0:55:05)
Conclusion on Issues 2, 3 and 4 – (1:01:12)
5. What principles and procedures apply to the editing of the contents of the sealed packet? – (1:01:53)
6. Is the accused entitled to cross-examination on the affidavit filed with the authorizing judge? – (1:10:53)
7. Did the failure of the authorizing judge to include a minimization clause result in the authorization of an unreasonable search and seizure in violation of section 8 of the Charter? – (1:19:52)
8. Did the accused abscond? – (1:26:01)
9. Did the trial judge properly caution the jury with respect to the evidence of accomplices? – (1:26:09)
Disposition – (1:26:21)