Supreme Court of Canada

R. v. Jean et al., [1980] 1 S.C.R. 400

Date: 1980-03-19

Her Majesty The Queen Appellant;

and

Lawrence Jean and Daniel Howard Piesinger Respondents.

1980: March 19.

Present: Laskin C.J. and Martland, Ritchie, Dickson, Beetz, McIntyre and Chouinard JJ.

ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION

Evidence—Wiretapping—Conversation between husband and wife intercepted by police—Private communications between persons not specifically named in order authorizing interception—Inadmissibility—Criminal Code, s. 178.16(5).

Conspiracy—Possession of stolen property—Absence of guilty knowledge on part of co‑accused—Charge of conspiracy to possess stolen property—Acquittal.

APPEAL by the Crown from a judgment of the Supreme Court of Alberta, Appellate Division[^1], dismissing an appeal from the acquittal of the accused on a charge of conspiracy to possess stolen property. Appeal dismissed.

J. Watson, for the appellant.

M.G. Stevens-Guille, for the respondents.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. Stevens-Guille. We are not satisfied that we should reverse the judgment of the Alberta Appellate Division or interfere with the rulings and conclusions of the trial judge. The appeal is, accordingly, dismissed.

Appeal dismissed.

Solicitor for the appellant: J. Watson, Edmonton.

Solicitor for the respondents: M.G. Stevens-Guille, Edmonton.

[^1]: (1979), 1979 ALTASCAD 89, 46 C.C.C. (2d) 176, 7 C.R. (3d) 338.