Earl Wilson

The appellants were convicted of first degree murder after a victim was beaten to death with a baseball bat over a bounced cheque.

The Supreme Court of Canada held that a first degree murder conviction can be sustained by combining the mens rea of intending to cause bodily harm likely to cause death (s. 212(a)(ii)) with the requirement of planning and deliberation (s. 214(2)).

However, the Court ordered a new trial because the Crown improperly cross-examined a defence alibi witness using intercepted private communications without first proving the interceptions were lawful under s. 178.16 of the Criminal Code.

The appellant appealed his convictions for sexual offences involving three complainants, raising issues regarding delays in reporting the alleged incidents.

The Supreme Court of Canada dismissed the appeal from the bench, finding that the trial judge made no error in law.

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.