The appellants were charged with conspiracy to traffic in narcotics based on intercepted communications.
The trial judge found errors in the supporting affidavit material and set aside the wiretap authorizations, leading to acquittals.
The Court of Appeal set aside the acquittals and ordered a new trial, finding that errors in the information presented to the authorizing judge do not lead to automatic vitiation of the authorization.
The Supreme Court of Canada dismissed the appeal, agreeing that there was sufficient reliable information to support the authorization even after excluding the erroneous parts.
