The appellants were charged with break and enter and theft.
Prior to trial, they requested the Crown to disclose whether they were targets of any wiretap authorizations unrelated to the current charges.
The Crown confirmed there were no wiretaps pertaining to the current investigation but refused to confirm or deny the existence of other authorizations.
The Supreme Court of Canada held that where the Crown disputes the existence of requested material, the defence must establish a basis to conclude that potentially relevant material exists before the Crown is required to justify non-disclosure.
As the appellants' request was purely speculative, the appeal was dismissed.