R. v. Taylor, [1998] 1 S.C.R. 26

Stephen David Taylor Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Taylor

File No.: 25857.

1998: January 22.

Present: Lamer C.J. and Gonthier, Cory, McLachlin, Iacobucci, Major and Bastarache JJ.

on appeal from the court of appeal for british columbia

Criminal law ‑‑ Evidence ‑‑ Interception of private communications ‑‑ Trial judge excluding evidence obtained by electronic surveillance ‑‑ Court of Appeal correctly ruling that trial judge erred in finding that interception was unlawful because it was prohibited by judicial authorization.

APPEAL from a judgment of the British Columbia Court of Appeal (1997), 86 B.C.A.C. 224, 142 W.A.C. 224, [1997] B.C.J. No. 346 (QL), allowing the Crown’s appeal from the accused’s acquittal and ordering a new trial. Appeal dismissed.

Dennis T. R. Murray, Q.C., for the appellant.

Robert A. Mulligan, for the respondent.

The judgment of the Court was delivered orally by

[1] Bastarache J. ‑‑ We agree substantially with the reasons of Madam Justice Huddart in the British Columbia Court of Appeal. Accordingly, this appeal as of right is dismissed.

Judgment accordingly.

Solicitor for the appellant: Dennis T. R. Murray, Victoria.

Solicitor for the respondent: The Office of Crown Counsel, Victoria.