During a criminal trial for possession of cocaine and possession for the purpose of trafficking under the Controlled Drugs and Substances Act, the court ruled on the admissibility of police surveillance observations and text messages retrieved from the accused’s cell phone.
The defence argued that surveillance evidence of alleged hand‑to‑hand drug transactions constituted impermissible prior discreditable conduct and that a police officer should not be permitted to give opinion evidence.
The court held the surveillance evidence was directly relevant circumstantial evidence relating to possession on the charged date and permitted the officer to provide lay opinion evidence based on observations under the principles from R v Graat.
The court also addressed the admissibility of text messages allegedly using coded language related to drug transactions.
Messages from approximately six weeks prior were excluded due to their prejudicial effect, while messages from the day before and the day of the alleged offence were admitted subject to proof of electronic record integrity under the Canada Evidence Act.