SCoC strikes down police powers to wiretap without warrants
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SCoC strikes down police powers to wiretap without warrants
by oneh2obabe » Apr 13th, 2012, 7:22 am
Tonda MacCharles
Ottawa Bureau
OTTAWA—The Supreme Court of Canada struck down Friday warrantless wiretap powers that police have in cases of emergency.
The high court has given Parliament a year to re-write the law.
Ruling in a 2006 British Columbia kidnapping case, the country’s top court said a 1993 provision of the Criminal Code is unconstitutional because there is no accountability or oversight for the warrantless searches, either to the person wiretapped or in reports to Parliament.
The unanimous ruling was written by rookie judges Michael Moldaver and Andromache Karakatsanis.
The case revolves around police intercepting the calls of the family of Peter Li, the kidnap victim.
Li was among three individuals kidnapped by six people, who demanded $10 million and eventually got $1.3 million in ransom.
The victims were held for 25 days, beaten and tasered before being released by their captors.
Police began immediately intercepting the private communications of Li’s daughter after she notified them of the kidnapping — and began the process of seeking a warrant.
It was only 24 hours later that police got the judicial warrant. In pre-trial proceedings, the trial judge found the law breached Section 8 of the Charter. That section protects individuals from unreasonable search and seizure.
At trial, the judge later allowed the intercept evidence to be admitted, saying it would not bring the administration of justice into disrepute.
The offenders were convicted and got lengthy jail terms.
But the Supreme Court of Canada — which agreed on the need for urgent powers — said Friday there must be some accountability mechanism to society for its use.
http://www.thestar.com/news/canada/poli ... rants?bn=1
Ottawa Bureau
OTTAWA—The Supreme Court of Canada struck down Friday warrantless wiretap powers that police have in cases of emergency.
The high court has given Parliament a year to re-write the law.
Ruling in a 2006 British Columbia kidnapping case, the country’s top court said a 1993 provision of the Criminal Code is unconstitutional because there is no accountability or oversight for the warrantless searches, either to the person wiretapped or in reports to Parliament.
The unanimous ruling was written by rookie judges Michael Moldaver and Andromache Karakatsanis.
The case revolves around police intercepting the calls of the family of Peter Li, the kidnap victim.
Li was among three individuals kidnapped by six people, who demanded $10 million and eventually got $1.3 million in ransom.
The victims were held for 25 days, beaten and tasered before being released by their captors.
Police began immediately intercepting the private communications of Li’s daughter after she notified them of the kidnapping — and began the process of seeking a warrant.
It was only 24 hours later that police got the judicial warrant. In pre-trial proceedings, the trial judge found the law breached Section 8 of the Charter. That section protects individuals from unreasonable search and seizure.
At trial, the judge later allowed the intercept evidence to be admitted, saying it would not bring the administration of justice into disrepute.
The offenders were convicted and got lengthy jail terms.
But the Supreme Court of Canada — which agreed on the need for urgent powers — said Friday there must be some accountability mechanism to society for its use.
http://www.thestar.com/news/canada/poli ... rants?bn=1
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