R. v. Corinthian, (1991) 122 A.R. 161 (QB)

• Judge: McBain, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 23, 1991
• Citations: (1991), 122 A.R. 161 (QB)

R. v. Corinthian (1991), 122 A.R. 161 (QB)

MLB headnote and full text

Her Majesty The Queen v. Marcia May Corinthian

(Action No. 9001-0023 C2)

Indexed As: R. v. Corinthian

Alberta Court of Queen's Bench

Judicial District of Calgary

McBain, J.

December 23, 1991.

Summary:

The accused was charged with conspiracy to import narcotics (cocaine) into Canada. A voir dire was held to determine the admissi­bility of certain wiretap evidence that the Crown sought to use at trial.

The Alberta Court of Queen's Bench ruled that the wiretap evidence was admis­sible at trial.

Civil Rights - Topic 1373

Security of the person - Police surveil­lance - Interception of private communi­cations - The accused was charged with conspiracy to traffic in narcotics - A voir dire was held to determine the admissi­bil­ity of evidence obtained pursuant to six wiretap authorizations - The affida­vits in support of the authorizations were largely based on tips from an inform­ant - The Alberta Court of Queen's Bench applied the test of a reviewing judge as set out by the Supreme Court of Canada in R. v. Garofoli et al. (1990), 116 N.R. 241 and ruled that the wiretap evidence was admis­sible - The court stated that the authoriz­ing judges, on the affidavits submitted to them in support of the authorizations, could have been sat­isfied that the require­ments of s. 186(1) of the Criminal Code had been met.

Criminal Law - Topic 5274

Evidence - Witnesses - Interception of private communications - Application for - Evidence - [See Civil Rights - Topic 1373 ].

Criminal Law - Topic 5274.1

Evidence - Witnesses - Interception of private communications - Application for - Where application based on in­for­mant's statements - [See Civil Rights - Topic 1373 ].

Criminal Law - Topic 5283

Evidence - Witnesses - Interception of private communications - Authority for - Judicial review - General - [See Civil Rights - Topic 1373 ].

Cases Noticed:

R. v. Garofoli, [1990] 2 S.C.R. 1421; 116 N.R. 241; 43 O.A.C. 1; 60 C.C.C.(3d) 161; 80 C.R.(3d) 317, folld. [para. 2].

R. v. Church of Scientology and Zaharia (1987), 18 O.A.C. 321; 31 C.C.C.(3d) 449 (C.A.), refd to. [para. 65].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 186(1) [para. 62].

Authors and Works Noticed:

Watt, Garofoliage Deuxième Cru, pp. 28-29 [para. 66].

Counsel:

D.R. Beeman, for the Crown;

J.D. James, for the accused.

This voir dire was held before McBain, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who made the following ruling on December 23, 1991.