Ronald Schachter

The appellants were charged with conspiracy to traffic in narcotics based on intercepted communications.

The trial judge found errors in the supporting affidavit material and set aside the wiretap authorizations, leading to acquittals.

The Court of Appeal set aside the acquittals and ordered a new trial, finding that errors in the information presented to the authorizing judge do not lead to automatic vitiation of the authorization.

The Supreme Court of Canada dismissed the appeal, agreeing that there was sufficient reliable information to support the authorization even after excluding the erroneous parts.

The appellant was convicted of murder by a judge and jury.

At trial, the Crown called a witness who was an accessory after the fact.

The trial judge did not warn the jury of the danger of convicting on the uncorroborated testimony of an accessory after the fact.

The Supreme Court of Canada held that the rule of caution for accomplice evidence does apply to accessories after the fact.

However, the Court applied the curative proviso, finding that the trial judge's general instructions on credibility were sufficient and the evidence of guilt was overwhelming.

The appeal was dismissed.