Temorshah Hafizi v. His Majesty the King

(Ontario) (Criminal) (By Leave)


Charter of Rights and Freedoms — Search and seizure — Interception of communications — Whether Court of Appeal erred in determining that s. 186(1)(a) of the Criminal Code is to be interpreted as requiring reasonable grounds to believe that the interception would afford evidence of the offence only in respect of the authorization as a whole, and whether, if this statutory interpretation is correct, the Court of Appeal erred in concluding that s. 186 is constitutionally compliant with s. 8 of the Charter?


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Pursuant to a wiretap authorisation in which Mr. Hafizi was a named person but not the primary target, the police intercepted Mr. Hafizi uttering a death threat and uttering statements indicating that he was trafficking in drugs. Mr. Hafizi was arrested, his vehicle was searched incident to arrest, and Mr. Hafizi was charged with possession of heroin for the purpose of trafficking and uttering a death threat. Mr. Hafizi applied to exclude the evidence. The trial judge dismissed the application and convicted Mr. Hafizi. The Court of Appeal dismissed an appeal.

Lower Court Rulings

December 4, 2018
Ontario Superior Court of Justice

Conviction for possession of heroin for the purpose of trafficking and uttering a death threat
September 28, 2023
Court of Appeal for Ontario

2023 ONCA 639, C67423
Appeal dismissed