Case information

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Charter — Criminal — Interception of private communications — Search and seizure — Trial — Procedure — Whether s. 186 (1.1) of the Criminal Code is unconstitutional — Whether s. 487.01 of the Criminal Code is unconstitutional — Whether Court of Appeal erred in concluding that the general warrants did not impermissibly delegate the judge’s discretion to the police though an unconstitutionally broad “triggering event” — Whether accused were improperly excluded from trial contrary to section 650(1) of the Criminal Code and s. 7 of the Charter.

The applicants were charged with firearms and drug charges following a large scale police investigation into the activities of an alleged criminal gang known as the “Doomstown Crips.” They were also charged with having committed the offences for the benefit of a criminal organization. There were several pre-trial; rulings in three of these are at issue in the leave application. There were two pre-trial motions for declarations of constitutional invalidity of two provisions of the Criminal Code, s. 186(1.1) and s. 487.01. Both motions were dismissed. The third ruling related to an in camera ex parte proceeding to determine whether certain individuals were confidential informers. The applicants were convicted at a trial before judge and jury and appealed their convictions to the Court of Appeal for Ontario. Their appeals were dismissed.