Appeal from conviction on charges of possession of drugs for the purpose of trafficking. During arrest, the accused’s cell phone rang, and a drug order was made using street jargon (“hookup”). Issue as to whether trial judge erred in relying in part on the content of the telephone calls.

Held: Appeal dismissed.

Trial judge properly applied the test in Baldree, 2013 SCC 35, in finding that there were sufficient indicia of reliability for a satisfactory basis to evaluate the truth of the statements made during the call, and that the content of the calls met the requirement for threshold reliability. Although other inferences may have been available to the trial judge, there was no palpable error in her treatment of the evidence.

K. Quinlan – Defence Counsel