Howard Rubin

In a criminal appeal, the Court considered whether kidnapping under the Criminal Code is a continuing offence that includes the victim’s ongoing confinement after the initial taking.

The Court held that kidnapping continues in fact until the victim is freed and that a person who knowingly joins the confinement phase can be liable as a party under s. 21(1).

Applying those principles to the trial findings, the Court upheld the substituted kidnapping conviction.

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.