The accused applied to exclude intercepted communications between them from use in a search warrant information, wiretap authorization affidavit, and at trial, arguing the communications were protected by marital privilege under s.4(3) of the Canada Evidence Act.
The court held that marital communications privilege is testimonial in nature and does not prevent the interception of communications or their use in investigative affidavits, though they generally cannot be compelled in court testimony without the recipient spouse’s consent.
The accused further argued that limiting the privilege to legally married spouses violated s.15 of the Charter by excluding common-law partners.
The court found the accused had not established that their relationship was analogous to marriage and therefore they could not benefit from the privilege in any event.
The application to excise the communications was dismissed and the intercepted communications were held admissible.
