L. Morgan

The applicants brought a pretrial motion challenging a search warrant and a Part VI wiretap authorization.

The court found that the applicant had standing to challenge the search warrant for a short-term rental unit, as he could rely on the affiant's theory in the Information to Obtain (ITO) which alleged he rented the unit.

The court also held that the applicants do not require leave to cross-examine officers regarding the 'resort-to' provision of the wiretap authorization, as the Crown bears the burden of establishing lawful interception when a Charter challenge is raised.

During pre-trial proceedings involving allegations of abuse of process related to police handling of solicitor-client privileged communications intercepted under Part VI wiretap authorizations, the court had ordered production of privileged materials for judicial review under the McClure framework.

The Crown sought a judicial stay rather than comply with the order, asserting that compliance would require disclosure of solicitor-client privileged communications between police and Crown counsel.

The defence agreed to the requested remedy.

Considering the public interest in preserving solicitor-client privilege and the lengthy procedural history of the case, the court exercised its discretion to terminate the prosecution by entering a judicial stay of proceedings.

The applicants brought a pre-trial motion seeking a stay of proceedings for abuse of process, alleging widespread police misconduct in the execution of wiretap authorizations, particularly regarding the interception of privileged solicitor-client communications.

During the motion, police witnesses testified about their handling of intercepted communications, prompting the applicants to seek disclosure of the legal advice the police received from Crown counsel.

The Crown asserted solicitor-client privilege over the advice.

The court held that while the individual officers did not waive privilege, the applicants met the threshold to pierce the privilege under the 'innocence at stake' exception as adapted for an abuse of process motion.

The court ordered a stage-two in-camera review of the privileged communications to determine if they should be disclosed to the defence.

The accused brought a successive application seeking declarations that certain police-intercepted communications were protected by solicitor-client privilege.

The court reviewed audio recordings of intercepted telephone sessions and the supporting affidavit filed under seal.

It held that most of the communications involved discussions between the accused and his solicitor within the context of a professional retainer and therefore attracted solicitor-client privilege.

However, two intercepted sessions consisting only of a solicitor leaving voicemail messages requesting a return call did not contain privileged legal communications.

The court declared privilege over the substantive communications and ordered the supporting affidavit sealed to protect the privilege.

During pre‑trial proceedings, the accused advanced a Charter challenge alleging a breach of s. 8 arising from an alleged unreasonable search and seizure.

The court addressed issues relating to production of third‑party banking records held by a financial institution.

To facilitate the ongoing motion, the court clarified the scope of a subpoena duces tecum issued to a bank employee and specified categories of internal bank materials to be produced, including anti‑money laundering manuals, online instructions to branches, and training materials relevant to the relevant time period.

The endorsement was issued to ensure production of the documentation necessary for the continuation of the pre‑trial Charter application.