In a rare double ruling, the Court of Appeal for Ontario has delivered a decisive message that the admissibility of intercepted communications by police forces pursuant to the Criminal Code must adhere to the Canadian Charter of Rights and Freedoms if convictions are to withstand a legal challenge.
Howard is a Certified Specialist in Criminal Law and a partner at Abergel Goldstein & Partners LLP secured the victory for his client.
“We are thrilled by the decision. It is extremely rare for the Court of Appeal to strike down a wiretap warrant, and we’re very pleased that the Court saw the weaknesses in the warrant here and excluded the evidence,” said Howard Krongold, a partner with Abergel Goldstein & Partners LLP in Ottawa. “The main issue in this case is that police tried to revive a cold-case murder investigation without doing even the basic legwork required to make sure that a wiretap was justified and necessary,” Krongold said. “This decision reinforces that police will not be readily excused when they try to use a wire tap warrant as a shortcut to a thorough investigation.”
