Hyperlawhypertext legal database Hawkins v. R. [1980] 2 SCR 353

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Hawkins v. R.

[1980] 2 SCR 353 Court SCC Decision date 1980-06-09 English

PartiesBrian Middleton Hawkins (Plaintiff) Appellant·Her Majesty The Queen (Defendant) Respondent

Counsel (4)
Earl Glasner, for the appellant.
John A. Scollin, for the respondent.
Solicitor for the appellant: Earl Glasner, Toronto.
Solicitor for the respondent: Roger Tassé, Ottawa.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Chouinard, Julien; Lamer, Antonio

Delivered by Majority

On appeal from Ontario

Subjects Criminal law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Scollin and Mr. Pomerant. Even assuming that a wiretap authorization under Criminal Code, s. 178.13(1) is reviewable by the trial judge on the ground that there was no evidence of the required pre-conditions for such an authorization, we are of the opinion that we cannot in this case interfere with the concurrent findings that there was some evidence on which Judge Trotter gave the authorization. This ground of appeal therefore fails and judgment is reserved only on the issues argued by counsel for the co-accused Molis and adopted by counsel for Hawkins.
Judgment accordingly.
Solicitor for the appellant: Earl Glasner, Toronto.
Solicitor for the respondent: Roger Tassé, Ottawa.

Footnotes

  1. [1] Judgement on the other grounds was delivered on October 7, 1980 (see [1980] 2 S.C.R. 355) decided concurrently with the appeal of the co-accused Molis (see Molis v. The Queen, [1980] 2 S.C.R. 356).

Statutes and regulations cited