R. v. Drader (A.N.) et al. 2012 ABQB 469
Civil Rights - Security of the person - Institutional inmates - Telephone calls
Following a voir dire, the Alberta Court of Queen’s Bench issued reasons for judgment on March 9, 2012, allowing the admission into evidence of certain recorded and monitored communications of the accused (Cormier) while he was an inmate at the Edmonton Remand Centre (see  A.R. TBEd. MR.128). On April 13, 2012, the Supreme Court of Canada issued a decision in R. v. Tse. Cormier applied to reopen the voir dire in order to argue that the judgment in Tse compelled the court to reverse its earlier decision. Cormier argued that the decision in Tse lead to the conclusion that s. 14.4 of the Corrections Act (which allowed the recording and monitoring of inmate communications) and the relevant provisions in the Correctional Institution Regulation were unconstitutional.
The Alberta Court of Queen’s Bench dismissed the application to reverse the court’s previous decision in light of Tse.