← Cases

R. v. Garofoli

[1990] 2 SCR 1421 Court SCC Decision date 1990-11-22 Docket 21099 English

PartiesJean‑Claude Garofoli Appellant·Her Majesty The Queen Respondent

Judges Dickson, Robert George Brian; Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley

Delivered by Majority

On appeal from Ontario

Subjects Constitutional law Criminal law

Contents

The judgment of Dickson C.J. and Lamer C.J. and La Forest, Sopinka and Gonthier JJ. was delivered by

What is the entitlement of an accused person to the sealed packet?
Upon what grounds may an accused challenge an authorization for wiretap and before what court?
What remedy is appropriate?
What special requirements apply when information from informants is relied on to obtain an authorization?
What principles and procedures apply to the editing of the contents of the sealed packet?
Is the accused entitled to cross-examination on the affidavit filed with the authorizing judge?
Did the failure of the authorizing judge to include a minimization clause result in the authorization of an unreasonable search and seizure in violation of s. 8 of the Charter ?
Did the accused abscond?
Did the trial judge properly caution the jury with respect to the evidence of accomplices?

Footnotes

  1. [1] * Chief Justice at the time of hearing.
  2. [2] ** Chief Justice at the time of judgment.

Statutes and regulations cited