R v C A & K (2011)
- Clayton Rice, K.C.
This complex drug conspiracy and criminal organization investigation spread from Vancouver through Calgary to Edmonton and Fort McMurray. It resulted in multiple parallel prosecutions in Calgary and Edmonton. The general investigation and wiretap component generated over half a million pages of documents and related data which made this the largest volume of disclosure in Alberta legal history up to that time. Mr Rice brought a pretrial motion to exclude from evidence various wiretap intercepts because the RCMP breached the terms of the wiretap authorizations when they failed to properly monitor the telephone calls. The wiretap authorizations required the police to monitor and listen to the telephone calls live. It was argued that the police violated the court orders when they used a feature on the interception equipment called “put away” which meant they were not properly monitoring the intercepted calls in real time. The trial judge granted the motion and ruled that the search and seizure was an abuse of process under s 7 of the Charter of Rights.