The Crown appealed the trial judge's decision to exclude evidence obtained from a wiretap authorization under s. 185 of the Criminal Code, which led to the respondents' acquittals on drug smuggling charges.
The Court of Appeal found that the unchallenged affidavit evidence met the requirements of s. 186(1)(a) and (b) of the Criminal Code, providing reasonable grounds and demonstrating investigative necessity.
Furthermore, the Court held that even if a s. 8 Charter breach had occurred, the evidence should have been admitted under s. 24(2) because the police reasonably relied on a facially valid judicial authorization and the evidence was non-conscriptive.
The appeal was allowed, the acquittals were set aside, and a new trial was ordered.
