Monachan v. The Queen, [1985] 1 S.C.R. 176
Jack David Monachan Appellant;
and
Her Majesty The Queen Respondent.
File No.: 16659.
1985: March 29.
Present: Dickson C.J. and Estey, McIntyre, Lamer, Wilson, Le Dain and La Forest JJ.
on appeal from the court of appeal for ontario
Criminal law ‑‑ Wiretapping ‑‑ “Private communication” ‑‑ Accused telephoning police headquarters and threatening police officer ‑‑ Telephone calls not “private communications” within s. 178.1 of the Criminal Code .
APPEAL from a judgment of the Ontario Court of Appeal (1981), 60 C.C.C. (2d) 286, 22 C.R. (3d) 1, allowing the Crown's appeal from the accused's acquittal on a charge of uttering a threat of death by telephone contrary to the Criminal Code . Appeal dismissed.
John A. Howlett, for the appellant.
David Watt, Q.C., for the respondent.
The judgment of the Court was delivered orally by
1. The Chief Justice‑‑It will not be necessary to call upon you Mr. Watt. We see no reason to depart from the conclusion of the Court of Appeal for Ontario. A message to a police station to convey a threat to a police officer cannot reasonably be looked upon as a private communication. The appeal is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Birenbaum, Koffman, Steinberg, Toronto.
Solicitor for the respondent: The Ministry of the Attorney General for Ontario, Toronto.
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