Counsel Dirk Derstine and Stephanie DiGiuseppe were recently successful in establishing that extensive wiretaps and room probes obtained as a result of a Part VI Authorization were unconstitutionally obtained, and therefore any wiretap evidence should be excluded from the trial.
Justice Gerald Thomas Taylor made findings that the behaviour of the affiant was either in bad faith or grossly negligent. His Honour further found that the affiant mislead the issuing justice by omitting material facts relevant to the informant’s credibility and reliability.
His Honour concluded that, by withholding relevant information, the affiant either intentionally or negligently portrayed the credibility and reliability of the police informant in more favourable light than was warranted in the circumstances. Justice Taylor found that the police conduct in this case amounted to a serious breach of s. 8 of the Canadian Charter of Rights and Freedoms. His Honour excluded all of the evidence from the accused’s homicide trial pursuant to s. 24(2) of the Charter.
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