R v T & T (2015)
- Clayton Rice, Q.C.
Mr Rice has been retained by one of the defendants on this major cocaine production case. The police received information from an informant about suspicious activity in a residential condominium suite. The police surreptitiously installed a video surveillance camera in the hallway outside the suspected suite. The video surveillance footage was then used to obtain a number of warrants authorizing the police to conduct covert entries into the suite and a video surveillance warrant to install other video cameras inside the suite. On an evidence exclusion motion, the trial judge ruled that a warrant was not required for the installation of the hallway camera because the tenant of the suite did not have a reasonable expectation of privacy in the common hallway under s 8 of the Charter of Rights. In another case, the Ontario Superior Court of Justice came to a contrary conclusion. Concurrent trials on two Indictments in this case are scheduled in 2015.