Dagmar Dlab

The Crown appealed a Court of Appeal decision restoring stay applications for abuse of process that a trial judge had summarily dismissed following a Vukelich hearing.

The accused had alleged systemic police misconduct and inhumane conditions of confinement prejudicing their right to a fair trial.

The Supreme Court of Canada dismissed the Crown's appeal and held that the correct threshold for summary dismissal of applications in the criminal law context is whether the application is manifestly frivolous — a rigorous standard requiring that the frivolous nature of the application be obvious on the face of the record.

The trial judge erred by failing to assume the truth of the alleged facts and inferences and by applying an insufficiently rigorous threshold that slid towards the merits of the underlying applications.

The appellant Crown challenged a declaration that the emergency wiretap power in s. 184.4 of the Criminal Code violated section 8 of the Charter.

The Court held that warrantless interception in exigent circumstances can be constitutionally permissible where strict urgency conditions are met.

However, the provision lacked an adequate accountability mechanism, particularly after-the-fact notice to affected persons, and therefore failed constitutional minimum standards.

The infringement was not justified under section 1 because a notice requirement would not impair emergency police action while materially protecting privacy rights.

The appeal was dismissed and invalidity was suspended for 12 months to permit legislative revision.