R. v. Solomon, [1997] 3 S.C.R. 696

Eddy Solomon Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Solomon

File No.: 25515.

1997: October 10.

Present: L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Iacobucci, Major and Bastarache JJ.

on appeal from the court of appeal for quebec

Constitutional law ‑‑ Charter of Rights ‑‑ Search and seizure ‑‑ Admissibility of evidence ‑‑ Telephone conversations ‑‑ Canadian Charter of Rights and Freedoms, ss. 8, 24(2).

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, ss. 8, 24(2).

APPEAL from a judgment of the Quebec Court of Appeal, 1996 5740 (QC CA), [1996] R.J.Q. 1789, 139 D.L.R. (4th) 625, 110 C.C.C. (3d) 354, [1996] Q.J. No. 2131 (QL), setting aside the accused’s acquittal and ordering a new trial. Appeal dismissed.

Jean Villeneuve, for the appellant.

Yves Briand and Gaétan Plouffe, for the respondent.

//Iacobucci J.//

English version of the judgment of the Court delivered orally by

[1] Iacobucci J. ‑‑ We are all of the view that this appeal as of right should be dismissed.

[2] Assuming that there was an infringement of s. 8 of the Canadian Charter of Rights and Freedoms, in view of the circumstances of this case, the three telephone calls from Quebec were admissible under s. 24(2) of the Charter.

Judgment accordingly.

Solicitors for the appellant: Shadley & Boro, Montreal.

Solicitors for the respondent: Yves Briand and Germain Tremblay, Montreal.