What are the implications of destroying evidence obtained as a result of unlawful wiretapping?
Alberta, Canada
The following excerpt is from R. v. Heikel, 1990 CanLII 5948 (AB QB):
Kaufman J. at p. 47 said: The significance of the destruction of this evidence cannot be understated in this case. To compel a party who objects to the use of evidence obtained as a result of unlawful wiretapping to go forward with a showing of taint, Alderman v. United States, supra, 394 U.S. at 183, 89 S. Ct. 961, and then to withhold from him the means or tools to meet that burden, is to create an absurdity in the law.
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