Ian Donaldson

The Court allowed multiple appeals from pre-trial and appellate orders that had permitted accused former police officers to discuss informer-privileged information with defence counsel.

It held the declaratory order was criminal in nature, that objections and appeal routes under sections 37 and 37.1 of the Canada Evidence Act were available, and that informer privilege could not be pierced absent a successful innocence-at-stake application.

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.