The Attorney General of Alberta appealed a decision of the Alberta Court of Appeal on a reference concerning the power of police to enter private property to install listening devices under a wiretap authorization.
The Supreme Court of Canada allowed the appeal, holding that an authorization to intercept private communications under Part IV.1 of the Criminal Code authorizes, by necessary implication, the power to enter private property to install or service a listening device, provided such entry is required to implement the authorization.
The Court also held that a judge has jurisdiction to expressly authorize such entry when granting an authorization.
