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E15| Police expected to school judge on the law?
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In this episode, Mike discusses the BC Court of Appeal decision R. v. Chen, 2022 BCCA 296 where it is considered a “best practice” for a police affiant to educate an authorizing judge about how the law operates in an application to intercept private communications. Although an affidavit may satisfy the requirements that trigger the exception to investigative necessity under s. 186(1.1) of the Criminal Code, it would seem a police affiant is now being asked to school a judge by drawing their attention to the law as it applies. If…
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