Summary

Keywords

Charter – Criminal law – Search and seizure – Interception of private communications – Text messages – Whether police officer intercepted private communications within the meaning of Part VI of the Criminal Code, R.S.C. 1985 c. C-46, when using applicant’s drug trade associate’s phone to engage in text messaging with applicant – Whether applicant had reasonable expectation of privacy in text messages exchanged between himself and undercover police officer – Whether applicant’s s. 7 or 8 Charter rights infringed.

Summary

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A police officer impersonated one of Mr. Beairsto’s drug trade associates using the associate’s phone which had been seized in the course of a separate investigation. The communications between the officer and Mr. Beairsto led to a cocaine transaction whereby Mr. Beairsto sent a brick of cocaine in the mail to the address provided by the officer, and in return, the officer sent him a weighted package that was supposed to contain cash. After confirming his identity to receive delivery of the cash, Mr. Beairsto was arrested. The phone Mr. Beairsto used to communicate with the officer was found on him in the course of the search incident to arrest. At trial, Mr. Beairsto was unsuccessful in his attempt to exclude the evidence. He was convicted of one count of trafficking cocaine. The Court of Appeal dismissed the appeal.

Lower Court Rulings