Drug trafficking trial. Issue as to whether text messages downloaded by police from a cell phone were admissible. “Some of the text messages appeared to indicate comments consistent with the request for the pickup and delivery of something. There was no expertise provided about the meaning of the text messages.”
Held: Text messages inadmissible.
As per Baldree, 2013 SCC 35, a principled approach to the hearsay problem is required. The messages were cryptic and not explained by expert evidence. “If the Crown wishes to rely on text messages … to prove the reliability of the inference that a phone call to purchase drugs is indicative of a drug trafficker, they would require expert evidence to interpret the likely meaning of those calls using the jargon of the street.”
D. Anderson – Defence Counsel