The appellants were charged with conspiracy to traffic in narcotics.
At trial, wiretap evidence was excluded under s. 178.16(2) of the Criminal Code, resulting in acquittals.
The Court of Appeal ordered a new trial.
Before the new trial, the appellants applied to set aside the wiretap authorizations (a Wilson application).
The application was dismissed, and the Court of Appeal held it had no jurisdiction to hear an appeal from that dismissal.
The Supreme Court of Canada dismissed the appeal, holding that there is no right of appeal from a Wilson application, the Charter does not guarantee such an appeal, and the issue of post-arrest wiretaps must be dealt with at trial.
