Hearing: November 18, 2011 Judgment: April 13, 2012
Full case name
Her Majesty The Queen v Yat Fung Albert Tse, Nhan Trong Ly, Viet Bac Nguyen, Huong Dac Doan, Daniel Luis Soux and Myles Alexander Vandrick
Citations
2012 SCC 16
Docket No.
33751 [1]
Prior history
Judgment against the Crown in the British Columbia Court of Appeal.
Ruling
Appeal dismissed.
Holding
The emergency wiretap provisions of the Criminal Code (Canada), which permits wiretaps in certain situations without prior judicial authorization, infringe section 8 of the Canadian Charter of Rights and Freedoms, and cannot be justified under section 1 of the Charter, since there are no accountability measures.
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis
Reasons given
Unanimous reasons by
Moldaver and Karakatsanis JJ
R v Tse, 2012 SCC 16 is a Supreme Court of Canada decision regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the Criminal Code infringe the search and seizure rights in section 8 of the Canadian Charter of Rights and Freedoms, and cannot be justified as a reasonable limitation under section 1 of the Charter due to the lack of accountability measures.
In addition to the two parties to the case (the Attorney General of British Columbia and the various defendants), the Court heard from the following interveners: the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Criminal Lawyers' Association (Ontario), the British Columbia Civil Liberties Association, and the Canadian Civil Liberties Association. The unanimous decision of the Court was the first Supreme Court of Canada decision written by Justices Moldaver and Karakatsanis.
^SCC Case Information - Docket 33751 Supreme Court of Canada
RvTse, 2012 SCC 16 is a Supreme Court of Canada decision regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court...
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