BC Court in "Mystery Trial" Rules Wiretap Evidence Unconstitutional

In a preliminary ruling, Justice Barry Davies of the BC Supreme Court has held that evidence gathered by police (presumably electronically) under section 184.4 of the Criminal Code of Canada violates the right to be free from unreasonable search and seizure under section 8 of the Charter of Rights and Freedoms. The full effect of the ruling has been suspended by the Court for 18 months in order to give Parliament time to react and re-cast the legislation. The name of the case, R v Six Accused Persons, gives a hint of the secret nature of the proceedings. Section 184.4 of the Criminal Code was enacted in 1993, ostensibly to address what the then-Justice Minister termed "unusual situations" such as hijackings and hostage-takings, in which police might feel compelled to act quickly and without time to seek a warrant from a court. A police officer with the Toronto Police Service was quoted in the press as saying that it intercepted communications "a few times a year" using this provision. However, because the provisions are not accompanied by transparent reporting requirements, it is unclear how often the power has been invoked and by whom. In addition, the definition of "peace officer" in the empowering section includes not only police officers but also customs officials, fisheries staff and municipal and other government officials. For the full text of R v Six Accused Persons (2008 BCSC 212), see: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/02/2008BCSC0212.htm For commentary in the online press, visit: http://tinyurl.com/ytbk9h; http://www.westcoaster.ca/modules/AMS/article.php?storyid=3726 (Canadian Press report); and http://tinyurl.com/ytf8ld Summary by: The Editor