Anne W. MacKenzie

The appellant was convicted of conspiring to import cocaine.

At trial, he claimed he only pretended to participate in the conspiracy to regain the affections of his former mistress.

During cross-examination, the Crown questioned the appellant on why he had not disclosed this defence to authorities upon his arrest.

The trial judge failed to instruct the jury to ignore these questions and answers, despite an undertaking to do so.

The Supreme Court of Canada held that the cross-examination violated the appellant's right to silence under section 7 of the Charter.

The failure to instruct the jury caused irreparable prejudice that could not be cured by the proviso in section 613(1)(b)(iii) of the Criminal Code.

The appeal was allowed and a new trial ordered.

The appellant was charged with conspiracy to import cocaine.

At trial, wiretap evidence was excluded because the police failed to disclose to the authorizing judge that a concurrent income tax investigation was ongoing and that information would be shared with tax authorities.

The trial judge acquitted the appellant, but the Court of Appeal set aside the acquittal and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, holding that the existence of the tax investigation was irrelevant to the validity of the wiretap authorizations for the drug investigation.