Present: Dickson C.J. and Beetz, Estey, McIntyre, Le Dain, La Forest and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for ontario
Criminal law ‑‑ Conspiracy ‑‑ Elements of conspiracy ‑‑ Appellants and a co‑accused charged on separate counts with conspiracy to traffic in two narcotics ‑‑ Proof of conspiracy to do any one of the prohibited acts supporting conviction.
Criminal law ‑‑ Interception of private communications ‑‑ Invalidity of basket clause authorizing interception of private communications if there are reasonable and probable grounds to believe interception may assist in inquiry ‑‑ Invalid clause severable from the rest of authorization.
APPEAL from a judgment of the Ontario Court of Appeal, sub nom. R. v. Paterson (1985), 44 C.R. (3d) 150, 18 C.C.C. (3d) 137, allowing an appeal from the judgment of Killeen Co. Ct. J., summarized at 11 W.C.B. 253, setting aside the acquittals and ordering new trials. Appeal dismissed.
D. Fletcher Dawson, for the appellant Ackworth.
Christopher A. W. Bentley, for the appellant Kovach.
Michael R. Dambrot, for the respondent.
The judgment of the Court was delivered orally by
1. The Chief Justice‑‑We will not be calling upon you, Mr. Dambrot. We are not persuaded that the Court of Appeal for Ontario erred in allowing the appeal by the Crown from the judgment of Killeen Co. Ct. J. at trial and in setting aside the acquittals and ordering new trials.
2. We accordingly dismiss the present appeal.
Judgment accordingly.
Solicitors for the appellant Ackworth: Cohen, Melnitzer, London.
Solicitors for the appellant Kovach: Norman Peel, Q.C., London; Bentley, McNair & Butkus, London.
Solicitor for the respondent: F. Iacobucci, Ottawa.
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