R. v. Durette

In Durette, the Appellants had been charged and convicted of a number of drug-related offences. The bulk of the evidence against them came from intercepted telephone conversations. At trial, the Appellants had attempted to challenge the validity of the wiretap authorizations which allowed the police to intercept their telephone calls. The challenge failed, in part because the trial judge refused to let defence counsel see portions of the police affidavits asking for the wiretaps.

On appeal to the Supreme Court of Canada from the Ontario Court of Appeal, the Appellants argued that the trial judge had unjustifiably over-redacted the police affidavits and violated their rights to full answer and defence under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. A majority of the Court agreed and ordered new trials for the Appellants.

The Appellants were represented by Frank Addario, David Harris and James Lockyer.

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