| The test for granting leave to cross-examine an affiant of an information to obtain or an authorization affidavit is this. |
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| No responding affidavit was filed, and the affiant was not cross-examined. |
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| It indicates that certain notice provisions are required before an affiant is to be cross-examined on the stand by defence counsel. |
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| Now, pursuant to a Supreme Court of Canada case called Lising-Pires, we insisted upon the defence seeking leave to cross-examine the affiant. |
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| Of course, the main concern for any affiant on a wiretap or a warrant is the identity of confidential informants. |
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| Justice G. R. Strathy refused to consider much of the plaintiff's affidavit evidence, which contained argument, statements of law and expressions of opinion on which the affiant was not qualified to comment. |
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| If we were to even put a wiretap product on the table with an organized crime group, I would suggest that the affiant would be out of the police services position for years. |
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| Further, the affiant acknowledged that the institutions designated in Category B and authorized to receive specific donations would be disclosed to the public on request. |
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| In the Garofoli hearing, the wiretap affiant may have to testify. |
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| The affiant asserts on the basis of his expertise some facts relating to information that is likely to be outside the knowledge of a reviewing judge. |
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| It was sufficient that the affiant outlined the types of potential injury to sources, targets and operations if information currently withheld were disclosed. |
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