Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
on appeal from the court of appeal for british columbia
Criminal law ‑‑ Interception of private communications ‑‑ Validity of authorization ‑‑ Application for fresh authorization ‑‑ First authorization lawfully obtained ‑‑ Police authorized to avail themselves of "resort to" clause in first authorization.
Statutes and Regulations Cited
Criminal Code , R.S.C., 1985, c. C‑46 , s. 686(1) (b)(iii).
APPEAL from a judgment of the British Columbia Court of Appeal (1993), 27 B.C.A.C. 253, 45 W.A.C. 253, 81 C.C.C. (3d) 161, 21 C.R. (4th) 387, upholding the accused's conviction by Romilly Prov. Ct. J. on charges of conspiracy to traffic in narcotics. Appeal dismissed.
Michael D. Sanders, for the appellant.
S. David Frankel, Q.C., and P. Lyndsay Smith, for the respondent.
//Lamer C.J.//
The judgment of the Court was delivered orally by
1 Lamer C.J. ‑‑ We are all of the view that the appeal should be dismissed, substantially for the reasons of Mr. Justice Toy of the British Columbia Court of Appeal. Mr. Justice La Forest would do so solely on the ground that s. 686(1)(b)(iii) applies.
2 The appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: Michael D. Sanders, Vancouver.
Solicitor for the respondent: The Deputy Attorney General of Canada, Ottawa.
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