ELECTRONIC SURVEILLANCE AND THE ADMINISTRATION OF CRIMINAL JUSTICE

Abstract

There are several vital issues affecting the administration of criminal justice in Canada. In this article, the author examines controversy surrounding the use of electronic surveillance by police. In doing so, he also addresses the controversy in Canada surrounding the role of the judiciary in controlling police practices, either by giving content to the Bill of Rights, or by using judicial discretion to exclude evidence. The author also examines the debate over electronic surveillance in the United States and in doing so, compares the attitude of the American Judiciary with that of the Canadian Judiciary. In concluding his article, the author argues for the inclusion of certain prohibitions in wiretapping legislation in Canada, as well as suggests a procedure for the application and authorization of a warrant.