The appellant appealed as of right from a decision of the Alberta Court of Appeal that allowed the Crown's appeal from his acquittal for possession of a narcotic for the purpose of trafficking.
The sole issue was the admissibility of a telephone conversation between an unidentified person and a police officer arranging a drug delivery.
The Supreme Court of Canada dismissed the appeal, holding that the conversation was not hearsay because it was tendered as a statement of intention or to establish the transaction, rather than for the truth of its contents.
The Court confirmed the order for a new trial.
