Supreme Court

Decision Information

McGrady v Law Society of Northwest Territories; Marshall v R v Law Society of Northwest Territories

Court Supreme Court
Date 1995-06-29
Other citations [1995] NWTR 209
File numbers CV 05323 1994
Judge(s) Tallis
Location Yellowknife
Cases and statutes considered Cases considered:
R. v. Sanelli, [1990] 1 S.C.R. 30
Canada (Director of Investigation & Research, Combines Investigation Branch) v. Southam Inc., [1984] 2 S.C.R. 145
R. v. Garofoli, [1990] 2 S.C.R. 1421
R. v. Dersch, [1990] 2 S.C.R. 1505
Sellers v. R., [1980] 1 S.C.R. 527
R. v. Playford (1987), 61 C.R. (3d) 101 (Ont. C.A.)
Descôteaux v. Mierzwinski, [1982] 1 S.C.R. 860
McIntyre v. Nova Scotia (Attorney General), [1982] 1 S.C.R. 175
Vickery v. Nova Scotia (Prothonotary of the Supreme Court), [1991] 1 S.C.R. 671
Zaduk v. R. (1979), 46 C.C.C. (2d) 327 (Ont. C.A.)

Statutes considered:
Act to Amend the Criminal Code, the Crown Liability and Proceedings Act and the Radio Communication Act, S.C. 1993, c. 40
Canadian Charter of Rights and Freedoms, s. 8
Criminal Code, R.S.C. 1970, c. C-34, s. 178.14
Criminal Code, R.S.C. 1985, c. C-46, s. 186
Criminal Code, R.S.C. 1985, c. C-46, s. 187
Criminal Code, R.S.C. 1985, c. C-46, s. 187(1.3)
Criminal Code, R.S.C. 1985, c. C-46, s. 196(1)
Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, s. 17
Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, s. 18
Northwest Territories, Supreme Court Rules, R. 515
Northwest Territories, Supreme Court Rules, R. 516
Northwest Territories, Supreme Court Rules, R. 517
Northwest Territories, Supreme Court Rules, R. 518
Decision information:

Abstract: Application pursuant to s. 187(1.3) of the Criminal Code for an order allowing access to certain sealed wiretap packets. The Applicants were both solicitors licensed in the NWT . Neither solicitor was the subject of any investigation of wrong-doing. The notices of wiretap were bereft of any detail which would allow them to determine if they were targets or not.
Decision: Application allowed with leave to make further submissions on the terms of release of the packets.
Subjects: Criminal law - Interception of private communications - Review of authorization - Opening packet

Decision Content

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