The Crown is appealing the acquittal of Curtis Vey and Angela Nicholson on the charge of conspiracy to commit murder.
Justice Catherine Dawson found them not guilty May 27 after ruling a secret recording of the pair was inadmissible in the trail. Without the recording, the Crown entered no evidence.
The Crown argues in its appeal, filed June 13, that Dawson erred in finding the recording violated the Section 8 of the Charter of Rights and Freedoms, which provides the right to be secure against unreasonable search and seizure.
“I cannot help but conclude that the admission of an illegally recorded private conversation, which occurred in a private home, and then was seized, accessed and downloaded by police through a warrantless search, would bring the administration of justice into disrepute,” Dawson said in her ruling.